A Battle of Wills – # 8 (by Robin)

Summary:  Part eight of A Battle of Wills

Word Count:  11,100

A Battle of Wills

Stuck Tight

“Every time I pass a jailhouse or a school I feel sorry for the people inside.”   Jimmy Breslin

Boston 1870

Chapter 1

With guilt comes paranoia.

Night after night, as they left the dark Stoddard house, Smith and Laura could see Joe Cartwright sitting near the window, the lamp in the room backlighting him as he sat on the window seat. Half the time he was looking at the stars or the tops of the trees and the other half he was sleeping propped up against the wall. They didn’t realize this and assumed he was looking for them.

Joe, having grown up in the Ponderosa ranch house never thought much about the view that passersby had through open window. The closest neighbors to the Ponderosa were miles away and none of the Cartwrights were at all concerned about anyone seeing them in a lit window at night

“Look at him. Look at Joe Cartwright sitting up there spying. Bet he is watching your house trying to catch us.” Laura told Smith as they sat in his carriage.

“Laura if he sees the two of us together, the Cartwrights and Will’s lawyers just might start adding up two and two and realize we set Will up. Right now there is nothing connecting us. If we are, the judge is going to believe that you lured Will here, not that he was burglarizing my house and killed my wife.”

”I’ll just have to take care of him. That’s all.” Laura said. She would take care of Joe Cartwright just like she got rid of Peggy.

One afternoon when she and Adam had visited Will in jail, she heard him tell his cousin how injured Joe had been and how serious the surgery had been to help him. Joe had a long recovery in front of him and how the pain medicine he was taking was making him sleep all the time. Adam told them how Dr. Meyer had arranged for the pharmacy to send over a new medication in hopes that Joe would be more comfortable and sleep less.

With that information it was easy for Laura to carry out her plan. That afternoon she went directly to the pharmacy.

“I am here to get my cousin’s prescription. Joseph Cartwright.” She told the clerk. Then she took the bottle home, made some of her own toxic modifications. She walked down the street and found a neighborhood boy who, for a few cents delivered the tainted bottle of medication to Joe at the O’Mara home.

Now all Laura had to do was bide her time, just as she had with Peggy, and let the “medicine” work. One less person to know she was connected to Wilkes Harrison Smith, husband of Will’s alleged victim. There would also be one less heir to Ben Cartwright’s fortune.

Chapter 2

A crash of thunder woke Joe woke up. For an instant, a flash of greenish yellow lightning illuminated the shadowy room. He had fallen asleep on the sofa in the parlor after a disheartening argument with his nephew Sam and now it was late afternoon.

The front door slammed and Joe heard the clatter of feet running up the stairs.

“Go put some dry clothes on boys and don’t make too much noise. Don’t you dare bother your Uncle Joe. You too Robert.”

For a while, Joe sat with his eyes closed for a while listening to the rain falling pretending he was home. A short while later he sensed that Emily O’Mara had come into the parlor and sat down with him. When he looked up and smiled, she told him how against her better judgment she had taken Sam and Robert Charles to the fair. The two boys had waited until Adam and Dennis had left the house and conned Emily into the trip that they both knew was off limits.

The storm hit almost as soon as they arrived and they had all gotten thoroughly soaked walking back. They had not been at the fair for even an hour.” I guess even the heavens knew those boys were not supposed to be at the fair.”

Joe grinned. ”I suppose not. Good thing you got them home before they got hit with a lightning bolt by some divine intervention.”

 Emily laughed at the image   “Would you mind me sitting with you for awhile until dinner?”

Joe smiled. “I would be delighted. It got pretty lonely with no one around. Kate is meeting with some editor or something. ” He moved his feet to the floor she sat down close to him.

She sat quietly watching him for a few minutes.

“I bet you are hard to get over, Joe Cartwright,” Emily looked out through the lace curtains at the pouring rain. She smiled remembering all the stories Adam had told her about the brother who was always flirting with a pretty girl somewhere.

“I haven’t broken too many hearts recently Em. I was pretty well banged up this last year and not up to much socializing with too many ladies. Kate will tell you. I was pretty bad company and was kind of staying to myself. Even before I got hurt, I was kinda staying off on my own. I had a bad stretch after my brother got killed.” Joe suddenly realized Hoss had been dead a year. He had been killed almost exactly one year earlier. This had been the longest and worst year of his life.

A gust of wind rattled the rain against the windows and Joe heard the sound of one of the servants closing windows upstairs.

“From what your brother always said, I never thought that would hold you back.”

“What did Adam tell you about me all these years? “ Joe tried to look innocent.

“I’ll never tell. “ Emily smiled at him.  She was almost being flirtatious with him, Joe thought. Miss Emily was flirting with him. That was a nice change. Joe smiled back warmly. Maybe his patience was paying off. Maybe leaving her alone and letting her come to him was working. Just as his brother had said,” Stay still and let her come to you in her own good time. “

“All I know was Adam used to tell us that there was probably not a pretty girl in Nevada territory that hadn’t had her heart broken by Little Joe Cartwright.”

“Hoss told me I was just in love with being in love and didn’t care as long as the girl was pretty. Pa said that any time I spied a pretty girl he and Adam could almost set the clock at when I would announce I was in love with her. Hoss and Adam used to make bets on it.”

”Oh Joseph, that’s so very terrible!”

“That was long ago. I think I’ve been more the one left behind this year.” He realized he hadn’t thought about Bonnie Newkirk in a long while and wondered how she and Dean’s children were doing since they moved back to her parents.

“Have you ever in love? I mean really in love?”

“You ask tough questions.” Joe said looking at her.

“You are trying to squirm out of my question, Joe. Were you ever in love, Mr. Cartwright?

 Emily’s personal question caught Joseph off guard.” I was in love with a girl and we wanted to get married and … she got killed.” Joe was not going to tell Emily that one of the hands on her father’s ranch killed her as he was fighting with Joe. “We were really young.“

“How did you get over it?”

“Time passes. You go on with living. I don’t know how, but you do. Now when I look back at it, I can see why my father and Amy’s father were so set against us. At the time I just thought it was because he and Pa didn’t get along. I saw us like Romeo and Juliet. Real romantic, love defying the angry families like in a melodrama play. As if I had any idea what I was doing at that age,” Joe laughed thinking how he thought he was such a grown man at that age but he wasn’t much older that dopey Robert Charles.” But we really were too young .I was barely seventeen and she was sixteen. The more Pa told me to wait the more I was always impatient and in a hurry. I wonder now, if it would have really worked out or if I had met her now if I would have even been in love with her. Guess I will never know. ”

Emily thought about the foolish thing she had done at the same age thinking she was an adult.

“What about being in love when you were older, more mature.”

 “Uh… I sort of thought so, why?”

“What happened?”

“Well, she, the girl I thought loved was in love with someone else. She never really knew how I felt but I wasn’t really ready to get married at that point. I was enjoying seeing quite a few young ladies around town. My pal was more settled down. Dean married her.  But then, later on, I realized …” Joe was finding the conversation very awkward. Then he told her about widowed Bonnie Newkirk and how much he was looking to settle down with her and Dean’s babies.

They sat silently for a few minutes. Emily looked at how sad this made him.  “I can’t imagine doing that if I were Bonnie. You are so very dear, I could never say good bye to you.”

“Thanks.” Joe smiled at her. He shifted on the sofa to get a little more comfortable but wound up a few inches closer to her. He hadn’t intended that to be the result but since Emily didn’t say anything or move over he stayed where he was.

“Are you all dry yet? He slowly reached out and touched her damp wavy chestnut hair. Her hair was soft and loose and billowing around her shoulders. Joe realized he had never seen her with her hair down. She looked different, prettier and younger. She looked more like a student at Miss Phipps than the teacher. “I like your hair down, Em. You should wear it down more.” He reached out and gently smoothed his hand over the softness.

Emily had put on a white pleated skirt and Dennis’s old blue sweater. The sleeves were too long for her and only the tips of her fingers stuck out. It was far different than the fancy, formal way Joe usually saw her dressed. “Are you warm enough?”

“I think so. We were soaked. I changed my clothes when I got back. It was only my hair that was still wet. I made the boys go change too. That must be what woke you up. The boys running upstairs.”

”I guess so. I guess I was pretty sound asleep.”

“The boys really missed you going to the fair, Joe. I did too. And then we got soaked on top of it.” Her hair was still damp and smelled sweetly from the rain.

Joe slipped his left arm around her and pulled her closer and she put her head on his good shoulder. Joe was pleasantly surprised that she was sitting so close and hadn’t pulled away. “I wish you had come with us to the fair. Those two boys complained the whole time that you didn’t come. They tried to get me take them to see some vile snake charmer and to buy them firecrackers too. The two of them started calling you Uncle Cranky.”

”Uncle Cranky? “ Joe was still stinging from the morning’s angry words with Sam. That was the same name Sam had called him when he had told him that he wouldn’t be up to taking him to the fair.

”Robert started it. Sam is just foolishly imitating my nephew. So please don’t be too mad at him. Robert Charles should have better manners even if he has so little sense.” Now Joe knew where this all started. Robert Charles O’Mara. The boy was sullen and mean spirited and now Sam was following suit. Even Dennis said his boy was a continual misery.

“I think Sam is mad at me for being so sick for so long. We used to do a lot of things together but haven’t in a long time. He misses Hoss too.”

“Sounds like my nephew is giving little Sam some nudging down the wrong path.”

They sat quietly for a few minutes listening to the rain outside. The house was very quiet. Occasionally, Emily could hear a distant rattle of pot covers and dishes from the kitchen as the cook prepared dinner and one of the other servants set the table.

But Joe couldn’t take the silence and looked up at her and decided to turn the tables on her. If she could bring up the topic so could he. Turnabout was fair play, even in Boston.

“And what about you Miss O’Mara? You roped me into answering a personal question. Two questions to be exact. Now you know it’s against one of those official Boston etiquette rules to ask a gentleman a question if you won’t answer it yourself.” He rubbed his chin absent-mindedly with his cast.

“What do you mean Joseph?” Her gray eyes widened. Emily nervously twisted a lock of her hair around her finger.

”You know what I mean, Miss Emily. I am sure all the proper young ladies at Miss Phipps learn this stuff. Like asking ‘Cream or sugar in your tea?’ or ‘May I have the next waltz’ or ‘Have you ever been in love?’” Joe challenged her. “Adam told me or I read it in a book or something. Official Boston Etiquette Rules by …by. Roy Coffee.” Joe threw out the first name that popped into his head.

“What Official Boston Etiquette Rules? You made that up Joseph Cartwright.” She tried to avoid his question. “You’re are lying. There is no such book and no such rules.” He took his arm off her shoulder.

“Sure. It’s right here.” Joe pantomimed that he was holding a book in his casted hand and was turning pages with his other.”Right here. He ran his index finger down the imaginary page. ‘A gentleman gets to ask a pretty lady one personal question for each question she imposes on the handsome gentleman and if he is in any way…um…” Joe fished for an appropriate phrase as he pretended to read.” If the a fore mentioned handsome gentleman is in anyway temporarily incapacitated or from west of the Mississippi River he gets to ask one additional question for each time he wants to ask her one.” He finished with a flourish pretending to slam shut the imaginary book.”
Emily laughed at his performance. Joe gently put his arm back around her shoulder.

“So Miss O’Mara, your turn on the witness stand. Were you ever in love? Tell the truth or a bolt of lightening will strike you down or all the Boston blue bloods will take you off their guest lists for the symphony season and Robert Charles will torture you more than he already is, Aunt Emily.”

“It’s… uh… was quite  complicated.”

”You were engaged. “ Joe prompted.

Emily O’Mara had never admitted to anyone what she confided to Joe Cartwright. “Richard was a good man; a very fine physician and would have taken good care of me…but I don’t think we loved each other. Not the way I seen Dennis and Amanda feel for each other. And your brother and his wife. I can see when they look at each other. I think they have a certain romantic love that Richard and I never had. It was the right thing for us to marry. He needed a wife to run his household and I needed a husband to support me. Our families felt we were very well suited. It was the appropriate match for both of us.”

Joe didn’t know what to say. He never wanted to marry just because it was what people thought was ‘an appropriate match’. That would have been worse than a shotgun marriage; at least that bride and groom had felt a little fire and passion even if it was a bit prematurely timed. Even if the fire was ahead of time, they had more than just being an ‘appropriate’ match that the families had pushed together. His father had always told him how he was so passionately in love with his mother that he never really got over her death. That was what Joe wanted in his marriage, passion and fire, not appropriate and convenient.

 “Were you ever really in love?” Joe asked again.

Emily hesitated. “Long ago, I thought I loved an older man once. He didn’t even love me at all.” Emily was trying to answer Joe in a nonchalant manner, but it took all her concentration to watch the words she used. “I was very young and not a very good judge of people back then.”

”And now?”

She smiled at him.” I’m older and wiser. Now, I think I’m a pretty good judge. I’m a very fine judge.” She had judged Joe Cartwright very well, She never really fallen in love until she had met Joe Cartwright and she now knew what it meant. She found herself falling in love with the handsome young cowboy. He had been bravely facing his illnesses for so long but was still so charming and clever. But there was no way she was able to tell him that. Not today.

“ Emily, How did you get over this what ever this was? This older guy. What was his name?”

“Wilkes,” she murmered. “Wilkes Harrison Smith.”

”Ah ha, Wilkes Harrison Smith, a villain indeed. He even has a long name like a villain. “ Joe repeated ominously failing at making her smile. Maybe he should stop teasing and go back to being quiet again. That had been a lot more successful in getting her to smile.

“Oh… uh well, I um…It took a very long time and sometimes I think I’m not really over it. Maybe I never will be. There were times I had to continue to tell myself that I could not have him, and I needed to accept it. I cried and I was so sad, but I know it was not meant to be. He certainly didn’t feel the same way about me. Matter of fact, he probably never loved me at all. “ She realized she had never told anyone but her sister and Amanda about how heart broken she felt about this whole episode. She certainly never told any man about how she felt about this sad embarrassing affair with a married man. Emily did not want to shame her family. She was so young and foolish and innocent when it started and he was a bounder and a cad.

” I’m sorry Emily.”  Joe squeezed her closer. He expected her too pull herself out of his grasp but she squeezed his hand back. Joe felt awful that he had made Emily so upset.

“That was the man that Adam threatened.”

”Adam? My brother, Adam Cartwright? “

She nodded “Dennis and Adam.” She started to smile at Joe.” I never realized until now how silly this whole thing was. I never told anyone the awful story. I was too embarrassed to ever, ever talk about it. I was afraid to have anyone think badly of me.  Dennis had to defend my honor and I think your brother went along to make sure no one got killed. But it was so long ago.”

Now Joe really knew he had to hear the story. Either she would tell him or he would have to get Adam to tell him. He was afraid to ask her right that minute as things were going well for him by not chasing or pushing. He had to stay still and let her come over to him at in her own good time. He held his breath for an instant and then exhaled. The rain was coming down even heavier than it was earlier. Joe could smell the dinner cooking down the hall.

“ Are you feeling any better than you were this morning?” She snuggled a bit closer to him.

“This was really going well,” Joe thought to himself. He smoothed her hair again.

Joe hated to always be complaining but he couldn’t hide the truth from her.” Feeling better than this morning? Not really. This dampness just makes every bone in me ache. I hardly slept all night.”

She turned her head to look at him. He looked so worn out that she felt awful for him. She knew how the rainy weather always bothered her uncle Sean’s arthritis and when a storm was coming he could always predict it by his aches and pains. “Joe, what did you do all night?”

”I thought about you.” Joe pulled her closer and kissed her gently on her lips. She didn’t pull away from him and he was very glad for it. Maybe Adam was right and he just had to hold still, be patient and let her come to him.

Chapter 3

Boston Municipal Jail

1870

“I’m real sorry I haven’t been to see you sooner Will. The doctor had me in bed until this week,” Joe apologized. “We brought you some food and some fresh clothes for court and all. Katie made you cookies.” Joe looked around the cold stone walls of the Boston City Jail. Will had been there for months. When he was first arrested, the judge felt that based on his past record he would run off had they let him go home on bail and now the trial was going on interminably.

Will smiled. He always got along with fine with Little Joe. “Adam here told me you were having a rough time this year. It’s good to see you up and around. Don’t think you would want to swap places with me though.”

They all laughed.

“How are you doing really Will? No kidding around this time.”  Adam asked him.
Will glared at Adam. Who the hell was he to demand an answer? Smug Adam Cartwright sitting there with a good haircut and a fine tailored suit. He had a nice family at home and a pretty wife waiting to have dinner with him; not a tin plate of maggoty meat and rancid beans and a wife who would be glad to see him swinging from the gallows. Didn’t Adam see what was going on with Laura?

“You really want to know Cousin!” Will shouted. The burly guard near the door way made a threatening movement and put his hand on the heavy black Billy club in his belt. “Sit down Cartwright or your visitors will get to see what happens to loud mouths in this place.”

”All right then, if you must know I’m scared to death. There, happy now, Adam?” Will Cartwright flung up his hands and started to walk towards the doorway leading back to the cells. The guard made a gesture for him to go back and sit with his visitors on his side of the barrier.  He’d only walked a few paces before he stopped and turned back to where his two cousins sat on the other side of the grillwork. He sat back down on the hard wooden chair and leaned forward. “I didn’t do it. I’m going to hang for a murder I didn’t do. Please, you’ve got to help me, “Will pleaded like the penned animal he was.

Joe looked at his cousin. He hadn’t seen Will in a long time and the years had clearly been very hard on him. His dark hair was run through with gray and his once handsome face was pale and gaunt from the months behind bars. When he walked he limped from the injury he had suffered in the Indian raid at Fort Mead and had a gash over one eye from some beating a guard had dealt him. Adam and Dennis had told Joe that Will was in a bad way but he never imagined how bad he was.

“Don’t worry Will. I believe you.” Joe put his hand on the grill. He wanted to put his arm around his cousin’s sagging shoulders or squeeze his hand or touch him in some fashion but the Boston City Jail wasn’t Clem Foster’s three cell lock up in Virginia City.

“We’re gonna get you out of here and when this is all over, you’re going home with us too. I promise you, Will.” Joe smiled confidently. He was sure that in the end justice would triumph and the truth would come out. He had no doubt in his heart that Will Cartwright was innocent and telling the truth. Like Pa had told Adam many times over the years, sometimes he let his education get in the way of his thinking. Just because the experts were saying one thing, didn’t mean that Joe’s instincts were wrong.

Adam looked at his younger brother. Joe was so sure that what Will said was truth. Maybe Joe was right. He had been many times before and Adam hadn’t listened all the time. But he knew when he did listen to his little brother, Adam rarely regretted it.

Chapter

Joe kicked Cochise into a gallop. He had to get to town as quickly as he could but he wasn’t sure why. The day was hot and the sun shone sizzling white in a cloudless sky. He had been up at the lake or the mill dealing with some problems with a new foreman or a blade that didn’t work. But he knew he had to leave and get into town as fast as he could. There was something he needed to tell his brother Hoss immediately. As he rode over the rise that approached Virginia City, Joe saw his brothers in a buckboard. The team was breathing hard and lathered up as it charged down the road. Sam was with them but he was very small, smaller than should be. He was way too small to hang on to the bouncing wagon for himself. Adam and Hoss were in the buckboard and they were riding too fast for even Cochise to catch up. Sam was bouncing around and almost fell out of the wagon but Hoss reached out and grabbed him.

“Wait!” Joe called to them. His brothers rode faster and didn’t hear him. “Pa, please Pa, don’t let him go!” Joe called as he rode past his father standing silently on the side of the road.

Joe wanted to holler to them to wait up but nothing would come out of his mouth. It was filled with mud from falling when he tried to get the calf out of the mud hole.
He wanted to yell “Wait, don’t go into town. Don’t leave me behind!” but only dry yellow dust came out of his mouth. Cochise suddenly reared and threw him to the dirt. His arm hurt and his stomach hurt from the mud in his mouth. The buckboard rode right over him and the wheels crushed his shoulder. “Don’t go Hoss!” he tried to scream.

Joe awoke in a cold sweat from the nightmare of chasing Hoss. His heart was pounding. He lay in the bed his shoulder throbbing and tears were in his eyes. “Don’t go Hoss,” he whispered to the empty dark guest room in the O’Mara’s house. Joe leaned on one elbow and struggled to sit up in his rumpled bed. He wanted to wake up completely.

 It was one year since Hoss had been murdered in the bank robbery, one year to the day. Joe wiped his eyes on the sleeve of his cotton nightshirt.

Alone in his bed that night, pale moonlight filtering through the window and illuminating the room with it’s cold radiance, Joe tossed and turned restlessly, fearful to get any more sleep. What would happen to Will if he got convicted? Will was a Cartwright just like Joe. Just like Adam and Hoss.  There was no way they could let him hang for a crime he didn’t commit. He said he didn’t do it and Joe believed him. Maybe Adam had his doubts but Joe was sure that Will was innocent. If Hoss were alive he would say the same thing.

And Joe was very sure Laura had something to do with it.

Fears and anxieties crowded his mind, and each time he attempted to sleep he saw Hoss’s face or he saw again the anguished look in his cousin’s dark eyes, the same eyes as his father and his brother Adam. Joe remembered the fear and bitterness in Will’s expression. And as he attempted to put that to rest he knew there was no way they could abandon Will now.

Joe couldn’t do anything for Hoss but he made sure Adam didn’t get killed by the Carson City Gang and he would make sure Will got out of jail too. No matter how sick he felt or how much Laura tried to convince them otherwise or how much the attorney told them it was hopeless, Joe was sure Will was innocent. Preston just had to get him off.

Pa had written that they were doing the right thing and he had consulted with Levi Victor. Hoss would have believed Will too. Hoss knew that Laura was a liar.

Joe tossed and turned and could not find a comfortable spot for himself.

His hand throbbed. Finally, he knew he had no other choice. He went over to the medicine on the dresser and took a dose of the new pain killer in the brown bottle. Maybe that would take edge off the pain in his hand and his shoulder.

He would go sit on the window seat and look at the stars until the medicine kicked in and he could finally fall back asleep.

Chapter 4

In the Atlantic Off Cape Cod

The Empress

1870

The sky was blue and cloudless. Amanda Bruce O’Mara was strolling quietly on the first class deck holding the hand of her youngest daughter, Ethel. The first few days of the voyage had been so hectic settling the children and getting Nanny situated and directing the maid in unpacking. Amanda’s head was in a whirl. The weather had been rainy and raw as well.

Dennis Junior had taken the boys to play shuffleboard on the upper deck until luncheon and Nanny had the older girls studying French in the salon. This was the first time she had been able to take a stroll around the deck alone with her dear little Ethel.

It amazed Amanda how relaxed everyone was without her son Robert’s presence. That boy had the ability to set everyone’s teeth on edge and disrupt the nicest outings. Her other children were so obliging and well mannered. They may have been energetic and noisy but on the whole, they were truly a joy. Robert always was the fly in the ointment and the irritant to all of them.

“Look Mama, a little baby.” Ethel tugged her hand and pointed at an infant being held by a thin older man standing by the railing.

“Don’t point, darling. It is very rude.”

Amanda stopped to admire the baby who was wrapped in a crocheted white afghan.

“What an adorable child!” Amanda exclaimed to the man. She assumed the gentleman holding the child was the grandfather. “What beautiful blue eyes! How old is your baby?”
The man smiled proudly “Puddin’ is seven months old today.”

“Only seven months old? My what a big baby! You must be so proud of your grandchild.”

”I am extremely proud, Madam. I helped deliver this child. Unfortunately for me, dear Puddin’ is not my grandchild though I do sincerely wish it were so. I am Doctor Eldon Smith, Madam.”

” I am Mrs. O’Mara and this is my daughter Ethel.”

“I am traveling as the personal physician to Puddin’s mother. She is resting now so I thought I would bring the baby on deck for some sunshine and fresh air.”

”How darling. Is the mother ill?”

”Oh no, she is quite well, just resting until lunch. My adopted son and I are her friends as well as employees. She was recently widowed and she needed a change of scene and invited us to join her. I went to medical school in London and hope my son might decide to study there. Red hasn’t had much opportunity for a fine education.”

Before the conversation could progress much further, her youngest son, Francis ran over to her and excitedly interrupted. “Mama come to the upper deck. Junior said you should come quickly. Edward has his head stuck in a railing. His head went in but won’t go out. His ears are in the way and the Captain is quite annoyed and wants you immediately.”

”Excuse me Doctor Smith. I must go.” Amanda twirled off to follow her son. Edward does have the largest ears of all her children but she doesn’t want there to be an embarrassing scene.

Chapter 5

Robert Charles O’Mara was inarticulate and limited on both charm and intelligence. At fourteen he was almost as husky as his father with big puppy dog feet that he tripped over on every chance he could. He was by far the least appealing or well-mannered child of the eight O’Mara children. Despite the efforts of his parents and teachers, Robert had no social graces and rarely spoke without muttering or saying something rude or even making eye contact.

Joe realized half of what the boy said might actually make sense to Robert’s fool mind but when the words got blurted out they were far from what he intended to say. It was almost like you had to translate Robert-ese into normal English to know what he meant to say.

Joe remembered being about fourteen years old and stumbling over his own inept tongue. There had been one heated exchange with his father and Adam about Joe coming home late and riding the wrong fence line and not fixing a broken gate as he had been directed. As a result, of Joe’s errors, a few dozen head of cattle had broken loose. Adam had spent most of the day attempting to round some of them up while Joe was miles from where he was supposed to be visiting a new young lady. Most of the cows were still unaccounted for and had to be found and brought back to the herd.

At the peak of the battle, rather than apologizing or being smart enough to keep his fool mouth clamped shut, Joe had blurted back at them “Don’t you realize I am not very good at following orders?”

Little Joe had really just been pleading with Adam and Ben to understand the difficulty he was having in remembering everything he was told and doing the chore the way his father wanted him to do it. The comment made perfect sense to Joe as the words flew out of his mouth, but it sounded disrespectful and irresponsible to any sane man listening. His father lost his temper and roared at him that he better make sure every last one of the strays was accounted for if it meant Joe riding after them until hell froze over. Ben was angry enough with the boy to make him clean out stalls and chop wood for two weeks in addition. Had Adam not jumped in, Ben would probably have taken off his belt to Little Joe too. Later that night Hoss took Joe aside and promised to help him gather the strays as long as he tried to learn to think before he spoke.

Joe was bored to death sitting and waiting to get better and decided he had little to loose taking on this project. Certainly, it would be easier to get young O’Mara to behave than to gentle a string of mustangs. He smelled about the same though and had far less grace as he galloped through the house knocking over knick-knacks and furniture causing trouble wherever he went.

Besides keeping occupied, Joe felt he could please Emily if he got her favorite nephew to behave. Why she had any affection for this misfit was beyond Joe’s comprehension. If this worked out, who knew what else she would let him do to make her happy?

Chapter 6

Ponderosa Ranch

Nevada Territory

1856

 Little Joe had been assigned to round up the missing strays in the lower meadow by his father that morning. Hoss told their father that he would make sure the job got done. As they rode along, Hoss reminded his fourteen-year-old brother to take it easy. “It’s gonna be a scorcher today. Don’t go racing around and wear your horse out before lunch. We have a lot of work to do so take it easy and slow.”

“Sure. Whatever you say.” Joe was furious that he was rounding up strays on such a miserable hot day when he wanted to go swimming with his town friends but instead he was working in the heat. The boy somehow didn’t connect the fact that he was at fault for the cows getting loose and he needed to take responsibility for his actions. Hoss didn’t even think they would be close to done by dark.

“It was your fault in the first place that they got through that broken down fence. Don’t even figure on seeing anyone or anything but the back of your horse for the next few days, Shorty. Adam and Pa have gone over to the Dayton’s ranch to see some horses that Frank Dayton wanted to sell. So it would be smart on your side to make sure they saw you working when they get back.”

Joe sighed and wiped his hand across his forehead. Trying to escape or hide out was going to be futile if he had to be seen working. If he did, Hoss told him that he would have as much success as a one legged man in a butt kicking contest.

“Joe, you ride down there by the creek and see if you can find those strays and I’ll head up this way and catch up with Hays.” Hoss directed him.” Just take it easy, we’re gonna be here for a real long time. Maybe next time Pa tells you to fix a fence line or gate you’ll listen up better.”

Little Joe was lost in thought about the Dayton’s horses and the pretty new girl in town when he was brought back by the sounds of a calf in distress. He quickly rode to the calf and leaped off his horse. The animal was stranded in a mud hole near the creek.

Stupid cow was probably going to get a drink from the creek and went the wrong way. Joe threw a rope around the calf’s neck and yanked hard to try to get the calf out. Joe worked hard to get it free. The harder he pulled the more stuck the animal became. It was boot sucking stinking mud left from where a beaver dam had blocked the creek. Little Joe pulled on the rope and the calf pulled the other way. Joe walked closer into the mud and shoved hard on the hind end of the animal. The calf just got in deeper. Joe cursed and got covered to his knees with black, stinking mud. Fat green bottle flies buzzed around the mud and started nipping at the calf and Joe hungrily. He was forced to step further into the mud.

Joe ripped off his hat and waved it at the flies and tried to shoo them away. Of course, the fattest and hungriest fly landed on his right eyelid and bit him before he could brush it off. His eye started to swell and the calf bleated helplessly. He lost his balance falling hard on his knees. The mud splattered on the front of his shirt and soaked through to the inside. His felt hat wound up falling into the juiciest part of the mud hole. As he grabbed for it, a gust of wind caught the hat and moved it further from his reach. In order to snag it, he got muddier. Mud ran down his collar and into the small of his back. Joe felt it ooze down the seat of his pants.

“Gol darn damn flies boot sucking mud hole calf dang damn cow!” He swore loudly and scared the poor calf even more. The calf now got stuck up to her rump and mooed pitiably. Little Joe pulled and pushed and sweated and the calf resisted. Joe gave a mighty shove and he slid backwards into the mud. One boot stuck in the stinky muck and his foot pulled out. Now Joe Cartwright was lying on his back, hatless, coated with mud and wearing one boot, his foot pointed to the blue sky. The only way he was able to stand up and retrieve his boot was by putting his sock right into the muck. Now his sock was covered with mud and when he shoved his foot into his boot he was filling his boot with smelly mud at the same time.

Just as he stood up and bellowed another string of curses at the poor calf, he heard two horses gallop up. The air filled with laughter as the riders saw a mud coated boy dancing around the trapped calf like a demented jackrabbit. The only part of Little Joe that was not covered with stinky black muck and green bottle flies were his teeth. As he tried to turn to see who was laughing at him, he fell forward onto his face and now even his mouth was filled with mud. He spit the mud out and sputtered more curses.

“Hey Joe, are you having a problem?” Hoss hollered from the back of Chubb.

“No Hoss, looks like he just went swimming,” Hays Newkirk laughed. “Little Joe, don’t you know you swim in the creek not in the mud hole?”

The two men laughed at poor muddy Joe.

”I told you to take it easy, boy. It’s too hot to work so dang hard.”

Joe waded angrily from the mud hole. “That damn calf is still stuck in there!” Little Joe bellowed louder than the calf. He tossed his ruined hat on the ground and stomped on it.

“Get out of there boy and let us, men show you how this is done!” Hoss laughed. He rode away on Chubb leaving Joe with Hays.” Don’t know where to start with you, Little Joe.” He handed the boy his bandana.” At least you can clean out your eyes and your mouth.”

By the time Joe dug a bit of mud out of his eyes and nose, Hoss had returned leading a cow on his rope.

“Watch this little brother. I told you to take it slow.” Hoss slid off Chubb and lead the cow to the edge of the mud hole. Hays grabbed the end of Joe’s rope on the calf.  ” Now you go to your Mama, little calf,” Hays said calmly.

Hoss slapped the rump of the cow so she mooed loudly. The calf heard a familiar moo and scrambled out of the mud hole as Hays pulled on Joe’s rope. In an instant, Hoss and Hays got the calf free. They hardly had a smudge of mud on them.

“Joe, you got to learn to be patient and take things slow, boy or you will never get nothing done,” Hays laughed. “Let things happen in their own good time, boy.”

Adam and Ben rode up just in time to see Hays grab one of Joe’s arms as Hoss picked him up by the other. They sat on their horses hooting at the muddy angry boy as Hays and Hoss carried him kicking and screaming about a hundred yards down stream from the mud hole and tossed him into Cherry Creek.

As Joe’s head broke the surface and he spewed out creek water he heard Adam tell him ”Now clean off that mud and get back to finding the rest of the strays, Mud Boy. And learn some patience.”

Chapter 7

She wanted to get rid of a disappointing husband and he had to get rid of a wife. So it would all work out just fine. Laura Dayton Cartwright assumed she would always get what she wanted.

“My life is ruined if I am not with you,” she told her lover. She sulked and whined and usually he placated her with a nice gift.

Wilkes Harrison Smith made a promise to Laura, but it was a liar’s promise “I love you, Laura and if I was free we could be married. My wife will never let me go. If only she would and then I could marry you”

Wilkes had absolutely no intention of ever leaving his wife. He enjoyed being with a variety of women for his own pleasure and entertainment and would never give up the status his wife’s money brought him.

“Hanging on to your past is only standing in our way. We have to do something so we can be together.” She loved him as much or as little as any other man she had been involved with. But she knew he had a lot of money and as she got older her options were diminishing. She would never have a wealthy husband unless of course Will Cartwright inherited his uncle’s money, which was totally unlikely. She kicked herself for walking away from Adam Cartwright years ago when she had her chance to get the Cartwright money.

“I’ll do anything to be with you Laura!” Wilkes told her that each time they were together. On the other hand, if some one younger and blonder came on the scene, Wilkes could be persuaded to leave Laura. It was his wife he would never leave. Over the years, he had many mistresses but only one wife. Her fortune had a tight hold on him. The money his father had from the western land deals and insurance frauds in no way amounted to as much as his wife’s fortunes. Even if his uncle Dr. Eldon Smith showed up and left him some money it was not enough.

Laura pulled his face into hers and kissed him passionately. So intent was she on reaching her dreams of being the wife of a rich and powerful man that she was reckless and dangerous.

For years, Laura and Wilkes had been lovers. They had met at a party soon after she and Will Cartwright had arrived in Boston. Wilkes was immediately attracted to her and knew that a married woman would be more discrete than the young single ladies he had been dallying with in the past. He had decided a few years earlier when he had been threatened by an angry brother, that as delicious as single young ladies were, he was far safer taking a dissatisfied married woman as a lover.

Smith danced with Laura Dayton Cartwright and they were immediately attracted to each other. Even when they danced together, her husband Will sensed the fire between them and he accused them of acting inappropriately. He had started a fight with Wilkes. That brawl pushed Laura into the affair. It excited her to see men battle over her, especially if they came to blows and hurt each other; the bloodier the better. Just as when Adam Cartwright and Will had fought over her it tantalized her to pit one man against the other. She learned that from her Aunt Lil, a former saloon girl. “There is nothing more exciting then strong, handsome men beating each other to a pulp over your favors.”

Soon, Smith invited her out for an afternoon drive. Later Will claimed he had seen them together but she was able to extricate herself from his accusations and make him feel that he was wrong. Will was so gullible and trusting of her. She could never believe the man still adored her and was so attached to Peggy. Will was so easy to manipulate it was pitiful. Handsome as he was, Laura loved to play with him like a cat played with a mouse. Then she would devour him.

Laura loved that she had such power over him. She was so excited by her husband’s rage and jealousy that she contacted Wilkes and invited him to spend the afternoon with her, alone, in the small house Will rented for them. Peggy was at school, Will at work and she was alone with Wilkes Harrison Smith.

They made the most of their afternoon alone together. Foolish Will even believed that she was in her robe when he came home because she had a headache.

Soon after that Will left Boston. Laura made sure he was just miserable enough that he would just go away for a while and leave her to her own devices. Will Cartwright sent his wife a letter saying he was working as a scout at Fort Mead and would keep sending his meager pay to her. Now Laura could freely meet with Wilkes Harrison Smith.

The only disruption to her comings and goings was her daughter Peggy. Laura disposed of her easily too.

It was amazing what Laura was capable of doing when she put her mind to things.

Chapter 8

Boston

1870

Growing up, Joe had viewed Adam as self-righteous at times, and Adam viewed Joe as hotheaded.  But when it came to raising Sam, they rarely disagreed. Joe always let Kate and Adam make the final decisions and loved being the fun loving uncle who taught Sam how to ride a horse or catch a fish. He was the guy who bought the candy and made Sam laugh in church and he would probably buy him his first beer at the Silver Dollar. He let Adam and Kate do the hard things and he would have the fun with the boy.

Adam was always the final judge of what happened to his son but was delighted that his son had such a warm relationship with his beloved uncle. Adam relied upon Joe and Ben to be there for his wife and to pay attention to his son while he was off traveling for Stoddard and Bruce or on Ponderosa business. Both Ben and Joe were delighted to do it.

With Joe being laid up so long, Sam missed so many of the good times they had together. Some how Robert took advantage of the little boy’s loneliness and anger and coerced Sam into doing and saying things he would never have normally done.

When Kate looked into the room she didn’t even notice Joe there at first. Where would he go? She hadn’t heard him go down the stairs.

In the dim lamplight, she realized he was sitting on the window seat in the front window and looking out at the night. Joe told her this was his new perch. He would sit and watch the stars and night and the comings and goings of the construction site around the corner.

Kate entered the room and Adam and Sam followed her.

 Joe knew he should be angry or hurt by his nephew’s angry comments or at least feel something more than concern for the boy. It was too hard for him to feel anything except the claustrophobia that being sick had created. He realized that he hadn’t felt well enough to leave the house in a few days except once when Adam and Dennis took him to visit Will.

“Joe you look uncomfortable and really worn out. Do you want some of that medicine that Doctor Meyer sent over? “

”I hate to take any but my shoulder is killing me. I was going to take some before but I managed to fall asleep on the sofa down stairs. I guess it is going to storm in the next few days.” Joe rubbed his shoulder and tried to stretch out his arm in the cast.

Kate walked over to the dresser and poured some of the liquid from the brown bottle on the dresser into a glass and handed it to her brother in law. He grimaced as he swallowed the bitter dose and handed the glass back to her for some water.

“This is nasty tasting stuff. I thought the old stuff was bad.” He screwed up his face and shook his head.

”Maybe it will make you more comfortable and won’t make you so drowsy. That is what the doctor said when he changed the medicine. A boy brought it over from the pharmacy the other day. Is this the first time you took it?”

Joe nodded. “The second time. I was really trying to get through the pain without any medicine but I can’t right now. It’s pretty late, so if it does make me sleepy, I’m done for the day any way. It’s been a real long day.”

Sam turned away to avoid his mother’s angry look at him. He was partially responsible for his uncle’s current discomfort and he was very well aware of it.

Kate was furious at how her son had misbehaved and the names that he had called Joe but was at a loss on what to do. This was one time she was counting on Adam to take care of the situation. “Sammy you better have a better explanation than you just gave me for how you acted. “

“You have no idea what you have gotten yourself tangled up in. I know you don’t usually act like this. But you have to take responsibility for what went on here. You chose to do what you did, Doc.” Joe told him calmly. Either he was really worn out or Joe was just too hot and tired to continue the battle of earlier in the day. Or perhaps his sitting in the parlor with Emily had soothed his anger enough that he wasn’t raging any more. Both Kate and Adam were surprised that Joe was so soft spoken. He wasn’t yelling and he wasn’t making jokes either.

Sam turned from where his uncle sat on the window seat and looked at his father. He could see the concern on his father’s face and felt a pang of guilt. He was conflicted between what he wanted to do to himself and what Robert was telling him to do. He and Robert swore to each other that neither would “spill the beans.” Robert was with his father in Dennis’s study probably getting the same inquisition.

“Sammy, you’re headed down a very dangerous road with the way you are acting. Don’t you realize that Robert doesn’t have an ounce of sense in his head? Even his own father said that.” Adam told him.

“ Why do you think he is staying home this summer? And why do you think a fellow that old wants to hang around with a little kid like you? Robert is fourteen and you are only ten years old. No one his own age wants any part of him. Doc. Ask Emily if you don’t believe me. Ask your father,” Kate sternly lectured the boy. How could Sam have been so mean to Joe?

As he sat on the cushioned window seat near the bowed windows, Joe watched the traffic on the street below and longed to be anywhere but where he was. He drew up his legs and rested his aching head against his knees.  Joe knew he should appear appropriately angry with Sam but he was not really up to hollering his nephew any more. He had certainly done enough of that earlier. Kate and Adam seemed to be doing a very fine job now with out him having to say one word.

 Joseph assumed that Dennis would reprimand Robert but was sure that was going to be as effective as lecturing a deaf mule in Latin. Dennis would do better just hitting that moron son over the head with a pine board or locking him up until he turned eighteen. Maybe Dennis should send him off to sea and hope the boy drowned. Joe had never seen a boy with less judgment and a meaner attitude.

Besides, his head was pounding from all the noise the boys had made and he couldn’t even see straight from exhaustion. His stitches itched and his arm hurt from all the dampness. At least Joe was getting a cool evening breeze sitting by the window and if he closed his eyes he could pretend he was somewhere besides sick in Boston.

He needed to be home.

Chapter 9

The next morning the sound of axes and cross saws woke Joe up from a sound sleep. He had sat on the window seat looking out when he had trouble sleeping and eventually fell asleep well after midnight. The crash of timber falling, the smell of fresh pine as well as the noises of axes and saws and men shouting made him think for an instant that he was at one of the Ponderosa timber camps.

Joe opened his eyes and looked out. Workers were swarming all over the building lot adjacent to the O’Mara property and clearing out trees in preparation for building a new house.

Robert and Sam came into the room and crowded in next to Joe to look at the trees being cut. “Uncle Joe, look at those guys with the two man saw. Don’t you think our timber crew would do it faster?” Sam was trying hard to be friendly with Joe again.

”They are working between a houses and that stable over on the next street, Sam. They have to take it slow or that elm is going to wind up in the second floor of that house over there.” Joe pointed to a house on the next street.

“Look you can see the murder house!”  Robert pushed Sam aside so he could see better. That’s the house where they say Will shot the lady.”

Joe hadn’t realized the house was so close. When the trees were removed he would have a totally clear view of the house.

”Will Cartwright is innocent Robert. He’s going to be set free at the end of the trial,” Joe said firmly. “The lawyers are going to find a way to prove he didn’t do it.”

Sam looked carefully at the house that Robert had pointed to on the next street. “That’s not the murder house. That’s the Stoddard house, where my Pa lived when he was in college. His grandparents lived there. He showed me that house when we first got here..”

”It’s the murder house too, Sam. Captain Stoddard died long ago. The murdered lady lived there too.”

”Bet there is lots of ghosts there too.” Sam answered.

Joe leaned over until his face was between both boys’ heads. In a spooky moan he said, ”Gooooooo eat your breakfast or the ghosts will get yoooooooo,” Sam laughed and Robert jumped so high that Joe grabbed him by the seat of his pants fearing he would tumble out of the open window. “You boys better go eat now.” Sam and Robert walked out of the room. Sam was laughing at how his uncle scared a big boy like Robert.

For the next half hour, Joe watched the crew chop down trees and clear the building lot. Maybe later in the day he would walk over with the boys and watch from the street level.

“Joe, do you need a hand with anything?” Dennis stuck his head in the door. “Adam and I are headed downtown to visit Will in jail.

“Send him my regards. Take me along next time you go. Especially if Laura isn’t there. I want to talk to him when it is just us.”

”What are you talking about Joe? Don’t you want to see Laura?”

Joe didn’t know how to answer. He turned his eyes to the view out the window. A big elm was being taken down. When that tree was gone the view would be wide open to the next two streets from Joe’s perch.

”Joe, what are you talking about?” Dennis repeated.

Joe told him the story he heard from Bonners about Laura Dayton and how she had fooled around with half the yahoos in Virginia City while being engaged to Adam. “Hoss and I never said anything to Adam when we heard the story. I don’t even think we told Pa for a long time. Who ever thought we would ever see her again? And maybe the Bonners and Jack Fischer made the whole thing up”

Dennis chuckled “Well, don’t that beat all. Wonder what she was up to the last few years while Will has getting shot at by Paiutes?”

Joe laughed “Maybe quite a bit, Dennis. Adam is real smart.  If she could bamboozle my brother who knows what she would do with poor Will?  I remember my Pa telling Adam that he better not tarnish old Laura’s reputation by being alone with her.”

Dennis threw his head back and roared.” Your Pa said that? Adam don’t tarnish old Laura’s reputation? Good thing you got him to marry Katie. He sure didn’t have much luck picking on his own. Ben really told him not to be alone with Widow Dayton?”

The two men were laughing so hard that they didn’t notice Adam walking into the room. “What’s so funny? Joe wants to go to the ballet again?”

Joe told him. Unlike Dennis, Adam didn’t laugh. “Jeez, we had better tell the lawyers.”

”What do you mean, Cowboy? Old Man Preston looking for a disreputable lady friend?”

Dennis roared even louder picturing eighty five year old grandpa Preston with a lady friend “Joe the man can’t walk. He has one tooth in his head and his youngest son is as old as your Pa. I think he was at Bunker Hill and flew a kite with Ben Franklin.”

”Dennis don’t you see what this means? Maybe Laura does have something to do with this, just like Will has been claiming.” Adam was beginning to believe his cousin’s story.

Chapter 9

Very often, Joe dreamed he was riding Cochise. In his dreams, Joe would be galloping his horse across the Ponderosa chasing a stray or be trotting into Virginia City. But then Joe would wake up in Boston. Sometimes he would just day dream about his pinto or being in the breaking corral on a raw mustang .He thought of this often to escape his boredom or when he couldn’t sleep he broke horses in his thoughts or imagined he was tallying the herd so he could get his mind off of being so homesick and miserable and feeling penned up.

That is how the idea for dealing with Robert O’Mara came to him; partly out of boredom and something to occupy himself, partly out of sympathy for the boy and in a large measure, as a way to curry favor with the boy’s attractive aunt Emily. She would certainly have more time to pay attention to Joe Cartwright if she was not so busy dealing with that mule stubborn boy. He wanted to make Emily happy too.

So it would be just like breaking horses, Joe thought to himself. That was something he knew how to do and excelled at since he could remember. He thought of the powerful animals that he had ridden, having made them take the saddle and the bit without breaking their spirit. It was a fine line to hold. A cowboy wanted his horse to be dependable and obedient but not defiant or angry. The rider needed to make the horse work the herd or ride the trail have the horse think it was his own idea. Horses had no idea that they were as big or as strong as they were otherwise a little puny human could never get a horse to do anything. Joe thought of the big mount he had controlled when he was no bigger than Sammy. If those huge horses understood that a boy not bigger than a flea was riding them they could have easily shaken him off.

Nothing is more effective than a reformed reprobate.” Joe said to Emily later that day as he told her of his project. The words came from some deep recess in his brain. He remembered someone saying them when he was a small boy. Who was it? Reverend Felcher? Roy Coffee? Levi Victor, his father’s attorney came to his mind. Levi? Then he remembered. It was Miss Barbara of the Altamont Saloon. He certainly wasn’t going to discuss Miss Barbara with a proper lady like Emily O’Mara.

“What do you mean Joe?”

“I think I can get Robert straightened out. I sort of know what he is going through.”

Joe Cartwright certainly remembered being the boy who struggled with school, balking at authority and getting into hot water more times than he could remember. Fortunately his father had been a lot wiser than Dennis and let Joe run free for a while until he learned his way. Joe had two older brothers running herd on him rather than a boarding school and Latin teachers. Ben had let Joe quit school and set him working on the Ponderosa. Instead of trying to make a reluctant scholar keep his nose in a book, Joe was sent to ride fence lines in the cold and load hay wagons in the blazing sun. When he finished that he was allowed to work with the horses. Most days he was too tired to get into too much trouble. Joe had more than his share of scrapes along the way. Many times his Pa and brothers came to his rescue but they also gave Little Joe also had the chance to take some risks and strut his successes.

And besides that handsome, rogue Joseph Francis Cartwright had his inborn charm to save his neck on more than one occasion when he flirted with trouble.

Robert Charles O’Mara was a walking disaster with a calamity waiting around every corner.

Continue on to Battle of Wills Part 9

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