Summary:  Part ten of Sins of the Father, Sins of the Sons

Word Count:  14,600

 

 

                             Sins of the Father, Sins of the Sons

 

 

Melissa Fischer is murdered and Joe is charged with the crime.

 

Chapter 1

 

Jack blocked her path out of the room by stepping in front of her. “What is this?” He waved the white handkerchief. “This isn’t mine. Every handkerchief I own is fine linen and monogrammed with my initials. This is a commonplace man’s handkerchief with no initials. What man was in your bedroom? What man left a cigar burning on your nightstand a few weeks ago? Don’t tell me you have started to smoke cigars, Melissa.”

She looked at him with an apprehensive smile on her lips, “So, Jack who do you think it is? What man have take on as my lover? The stable man? Your mine engineer Mort Framingham? Reverend Felcher? The blacksmith? That blonde young man you just hired to work in the mine? The one who got fired by the Cartwrights? He came by just the other day looking to speak to you. He is a very handsome young man.” She would never reveal that Tucker Beck was back in her life. “Maybe all of them!”

“So there is someone!” Jack growled jealously. He grabbed her arm and spun her around to face him.

Letting out a nervous laugh, she asked, her voice quivering as she did so, “What are you doing, Jack? Let me go! I have to get dressed. Trudy already drew my bath and it is getting cold.” Her husband grabbed her slender arm as she reached for her robe. His fingers dug angrily into her flesh.

“Please, Jack,” she whined, “You’re hurting my arm.” As he released her arm, the jealous fury still shown in his face. He pushed her away from him. She took her green satin robe off the foot of the bed. “ I don’t want to discuss this. You go about things your way and I go mine,” she said challenging him. I have put up with your womanizing for years!” What she did was none of his business just as he insisted she had no right to pry into his affairs.

“You are my wife. I’ll do what I want to do with you. I own you, Melissa. I own you just like I own this house and Fischer mines.” He leered at her, an evil smile spread across his now ominous face. He grabbed her arm, pulling her closer to him. He leaned down, holding her tightly, giving her an unwanted kiss on her lips. She struggled to pull away with all her strength, but it was no use. He was a large man and very angry.

Jack held her in his tight grasp, not letting her leave his clutches. Smiling sinisterly he kissed her again, only this time with more passion and force. “You know you are mine for the rest of you life!” He got excited every time he intimidated a woman. She felt him harden against her.

“Leave me alone, Jack. Save that disgusting behavior for your sporting house women and saloon girls.” This was not the first time she had this battle with Jack and she assumed it would not be the last.

Melissa struggled even more, slapping her husband hard with her free hand. She raised her arm and dealt him another blow, this time with a closed hand. “You are a pig!”

He pulled away from her, an angry expression on his face. Advancing more violently, he tightened his bruising grip on her forearm. Her body began to tremble with fear. No longer able to control herself, she raised her hand to slap him. as hard as she could. Jack caught her hand and laughed at her attempt at trying to break away from his control. “If I spend time with other women it is all your fault and it is none of your business.” He roared.

“You are a disgusting pig!” she shouted again. “And you always were!”

“A pig? Admit there is another man, Melissa. Just admit it and I will let you go! ” He looked her over menacingly saying to her in a suddenly strange quiet voice, “Don’t fight me! If you fight me, you’ll only get hurt more and so will he. Understand? Now who is it? Joe Cartwright? Are you seeing Joe again?” Jack Fischer never gave up his irrational jealousy of Joe Cartwright. Melissa hadn’t been involved with Joe very briefly when he was sixteen or seventeen years old but Jack still believed she had seen him during their marriage.

She shook her head and tried to pull away from his grasp. “No! I am not seeing Joe.”

She had too many things to do and did not want to spend the entire morning fighting with Jack. She kicked and hit at him with all her available strength, trying to break away from him.

However, this only caused him to become more enraged and hold her tighter. “Answer me!” He shook her violently, slamming her against the hallway wall.
“I said stop, Jack! Melissa ordered. She realized she had stepped over the line. Jack was getting more furious than she had ever seen in all the years they were married. He was totally losing control of himself. She could never let her husband know she was seeing Tucker Beck again. Melissa could never let her husband discover everything else she had kept hidden from him over the years.

His eyes bore into her, smoldering with anger, “Stop? You want me to stop? I will stop when you answer my questions.” He slapped her across her face. “Who is it? Tell me!”

Looking into his blood shot hateful eyes, she pleaded, “Please, please don’t… The servants will hear us fighting.” But he did not take notice of her pleas, he continued to advance, grasping for a further vicious hold on her. He snatched at her long hair and pulled her face closer to his. She could feel the heat of his sour breath on her bruised cheek. Neither of them realized that they were totally alone in the large house. Even the dogs were outside.

“Do the servants know who you invite into your bed? Are they going to tell me who it is? Or are you finally admitting that the man is Joe Cartwright?”

Tears running down her cheeks, she struggled once again, this time trying to scream. Hoping that someone might hear her. Melissa still did not realize that they were alone in the house and no one would hear her screams.

Jack grabbed her around her throat with his huge hand. Sound escaped her lips, barely audible to anyone except Jack, who stopped his violent probing for just a minute. He would find out just what he suspected all along. His wife was having an affair with Joe Cartwright. He would force her to confess. He could force any target wanted to do whatever he said. That was his greatest sport.

Grabbing her by her long dark hair he slammed her head against the wall. A framed etching of Samson and Delilah crashed to the floor. The glass in the frame shattered into dozens of splintery fragments.

“I told you to shut-up! Don’t you listen, Melissa?” Jack’s angry voice echoed off the high coffered ceiling.

She made another frantic, desperate attempt to free herself from his hold on her. This time it worked, he released his grip.

She attempted to flee from him, running bare footed towards the end of the upstairs hallway. She only made it a few feet from him before he grabbed her from behind, pulling her back. “Where are you going?” He yanked her arm hard so she spun in front of him like a rag doll dressed in satin. His eyes seething with fury Jack demanded. “Running to Joe Cartwright?”

Her struggle intensified, as did his maniacal rage. He shook her violently, throwing her against the ornate mahogany console in the hallway. Her head bounced off the edge of the edge of the pink marble top and she fell stunned to the floor. Crimson blood streamed from her forehead and stained her nightgown.

“I told you to stop but you didn’t listen!” Jack bellowed, “You bring this all on yourself! You always did! And now you will finally admit that you and Joe Cartwright were in your bed together.” Jack was enraged as he scooped her up off the floor. Although she was stunned and dizzy, Melissa Fischer tried to squirm from her husband’s angry clutches. The more she resisted, the more enraged he became.

Gathering Melissa in his arms like a bundle of kindling, Jack stumbled towards the grand, wide staircase. As he stood at the top of the long flight of stairs he held her threateningly over the railing. “Tell me who you are taking into your bed!” Jack Fischer bellowed. “Tell me! Tell me now you whore!”

She shrieked, “Stop this minute! Put me down, Jack!”

”You want me to put you down! I will” and he threatened to drop her over the railing two stories to the marble floor of the foyer below them.

“No!” Melissa screamed. The shrillness echoed through the empty house.

‘Then tell me who it is! Is it Joe?”

Melissa remained silent for an instant. It was easier to say that her lover was Joe Cartwright and end the fight. All he wanted was for her to admit he was right. It was better to lie to Jack than to admit her real involvement with Tucker. She would let Jack go after the wrong man and leave Tucker Beck alone. Joe Cartwright deserved the trouble.

“Yes, it is Joe Cartwright. My lover is Joe Cartwright!” Jack looked at his wife’s battered face and he swung her back from her precarious position. Fischer dropped his wife to the hard floor of the hallway at his feet. She lay looking up at him, frozen in fear.

Jack was satisfied that he had been right for all along. His wife and Joe Cartwright had been lovers for years. They had made love right in his house, right in his bed. Melissa would have to pay right now, and Joe Cartwright would pay next.

Melissa Fischer scrambled to her feet and ran down the hall to the bedroom. Jack raced after her. She tried to slam the door shut in Jack’s face but her husband crashed his broad shoulder into and forced it open with his bulk. , Jack grabbed his wife’s arm with his left hand, pulling her toward him. His massive right fist connected with Melissa’s jaw. Stunned, Melissa’s knees buckled and her body sagged and she tripped over the hem of her emerald satin nightgown. Jack hit her again, this time in the side of the head. Melissa fell to the polished floor. Still stunned by Jack’s blows, Melissa weakly tried to get to her feet. She shook her head quickly trying to clear her vision. The wounded woman became tangled in the billowing folds of her nightgown as she attempted to push herself up from the floor.

“As sorry as you are, you whore, Joe Cartwright will be even sorrier!” With a burst of fury, Jack pulled her up by her long black hair and hit her with one last blow.

She fell forward with her battered face on the soft oriental rug. Jack Fischer stood silently and looked at his wife lying bloody on the floor. He stepped over her unconscious prone body and stood for a moment looking at her. She moaned softly. As Jack Fischer had done many times before, he scooped Melissa up and tossed her on the bed not really concerned if she were comfortable or arranged properly.

He walked into her dressing room. He quickly removed his own nightclothes and washed in the bath that had been waiting for his wife. He walked into his adjoining bedroom, and dressed in the clothing that he had laid out earlier. He tied his maroon paisley cravat and slid his arms into his well-tailored coat. He rushed down the stairs just as Trudy walked into the front door.

“Morning Mr. Fischer. I was just checking on Brutus and Bruno and put them in the kitchen. Maude and Mrs. Flannery have gone already. It is their day off. I’ll have breakfast for you and Mrs. Fischer in just a minute.” She quickly hung the green wool cape up on the coat rack before her employer noticed she was wearing Mrs. Fischer’s cloak. Trudy had rushed out with Stanley to bring the fundraising flyers to the church and purchase her ticket at the depot for the afternoon stage.

”No need for breakfast, Trudy. Mrs. Fischer is still in bed sleeping and I am late for work. Let her sleep. You know how cranky Mrs. Fischer is when you disturb her.” Jack smiled his most charming smile and walked out the front door of his house. “Have a wonderful day.” Jack said charmingly. “I shall be having a business lunch at the International Hotel. “

“Yes sir,” she closed the door behind him and sighed with relief. Things were going better than she ever hoped. Stanley John had assured her that things would work out for them. If Trudy had no breakfast to prepare or clear, she could leave faster.

Mr. Fischer had not even noticed that Trudy was wearing Mrs. Fischer’s green cape or that she had just brought the box of addressed envelopes to the church. Mrs. Fischer had asked her to do it the previous night. Stanley John had come home with his plans just as she was walking out and the errand had been completely forgotten until Trudy woke up in the morning. Now Mrs. Fischer would never know of her carelessness. The invitations to the church fundraiser would be distributed by Reverend Felcher just as planned.

Now all Trudy Magee had to do was get her own bag and catch that morning stage before Mrs. Fischer came downstairs. Stanley John would take the stage the next morning and they finally would be together in California.

 

Chapter 2

 

Leaning against the front wall of the stage depot, Adam Cartwright waited anxiously for the red wooden coach to finally roll down the main street of Virginia City. A chill damp breeze was blowing down from the mountains and he tried to get a bit of shelter by standing in the recessed doorway. It looked like more rain. Adam pulled up the collar of his coat and tried to squeeze more of himself into the space between the wall and the front window that blocked a little of the wind. He could have gone inside the depot, but Adam was of no mind to have a conversation with the clerk or the few passengers inside who were awaiting the west bound stage.

He took his watch out of his pocket and anxiously checked it for the third time in ten minutes. The stage was already close to an hour late.

As the coach clattered to a halt in front of the building, Adam pulled himself upright and took a step forward. The first person to step off the stage was the individual for whom Adam was impatiently waiting.

He took another step forward as he saw his father emerge from the coach. Ben reached out and grabbed Adam’s hand with his right, while his left hand patted his son affectionately on the back.

“How are you, son?” asked Ben warmly. “It’s good to be back home.” The weeks he had spent with Barbara had put a youthful spring in his step and a contented smile on his face. Barbara would not be returning to Virginia City for close to a month as she was traveling to Arizona to see her mother. Ben missed her already. He had immensely enjoyed the time they had spent together with no prying eyes or distractions or keeping up pretenses of propriety. There was no need for secrets or recriminations or hiding from anyone. All they had to do was please was each other and enjoy their time together.

The only serious business Ben had tended to while he was in San Francisco was meeting with the doctor that Paul Martin had referred him to about Eric’s condition. Ben knew Joe would probably object if he knew about the meeting with Dr. Jan Laup.

Ben had discussed his plan with Katie before he left.

”I have to do something for Eric. I don’t think the child will get better just from our love. Only Joseph has seen any real change in months.”

”I think you should at least investigate what Doc Martin suggested, Ben.”

”Don’t tell Joe. Or Adam either. I am not sure what the two of them will say and there is no use for me to stir things up. The two of them are upset enough about Fisher and that timber fiasco. If the doctor tells me bad news, there is no need to even tell them I went.”

”I won’t lie, Ben. I would never lie to either of your sons. But on the other hand, if I don’t say anything why would they even ask?” Kate smiled impishly as she wrapped her arms around her father in law. “What they don’t know won’t hurt them.”

Ben hugged her. “You always did keep those two boys of mine in line, Katie Bird. “ Ben was always amazed at the cleverness and devotion of Adam’s wife.
Joe still insisted Eric was improving but Ben felt they had to take some action. There was no significant change in the child’s behavior and he still clung anxiously to familiar members of the family and rarely spoke to anyone but Joe.

Ben detailed Eric’s story to the specialist. “Eric used to sing and tell long stories and loved to be with people. He would talk to everyone in town.”

“The boy understands what is going on around him? He is not deaf? “

Ben nodded. “Doctor Martin checked his hearing quite a few times. He assured me that my grandson hears perfectly well.”

Laup called Eric’s condition “selective mutism”.

“I think the boy can learn how to speak again when he is ready. I spent many years working with small children like your grandson. There were two sisters that I studied that had been held captive by the Indians after they witnessed their family killed and a boy who lived on his own for three years in the mountains…. And a colleague of mine in Paris examined some Russian children who were the survivors of a massacre of their rural village by Cossacks.”

“Cossacks?”

”Russian cavalry. They go into towns and … You wouldn’t want to know what despicable things they do to the poor peasants. The women and children as well and the men. These youngsters eventually came around with loving care.”

”They were cured?” Ben smiled widely. This was more than he had dreamed for Eric.

”Not necessarily cured. I don’t want to give you false hope, Mr. Cartwright. They all improved in different amounts. All of them.” Laup smiled. There was something about the silver haired ranch owner that made Dr. Laup want to assist the child as much as possible. The doctor wanted to see Eric in the next few months for a thorough examination and evaluation.

Now Ben had to get Joseph and Meg to agree that this was the best course of action. He thought that perhaps they would be willing to bring Eric to the specialist after their baby was born this fall. Dr. Laup assured the grandfather that waiting a few more months would not make much difference in the child’s recovery. “As long as Eric is with his family in a stable, comfortable home a few more months more won’t make a significant difference “

Dr Laup had told Ben. “Bring the boy to see me this winter.”

Ben was relieved that there might be some hope for Eric to get better even if a total recovery never happened. Ben felt a bit encouraged that if they took things calmly and slowly with Eric, he still might return to the friendly, talkative boy he had once been.

“Hi, Pa,” said Adam grimly as his father left the stage. He picked up his father’s carpetbag and tossed it on the back of his rig. The depot manager would send the other bags out to the Ponderosa in the morning. “Glad you are back.”

Ben suddenly realized that Joe was missing. “Adam? What are you doing here alone? I thought Joe was taking me home.” Ben took one look at his oldest son’s troubled face and immediately sensed there was some sort of problem. The warm glow he was treasuring in from his trip soon was dissolved when he saw the troubled look in his oldest son’s dark eyes.

“What’s wrong Adam? Did something happen to Meg? Eric? Where is Joe?” Ben climbed up on the buggy seat.

”Pa, Joe’s in Clem’s jail.” Adam flicked the reins on the horse’s back and started the rig down the busy, muddy street. The cold drizzle had started again.

“Jail?” Ben gasped. “Why is Joe in jail? What’s going on here?”

”Clem will explain to you when we get there. Pa, it doesn’t look good.” Adam said grimly as he drove past the dark and shuttered office of Fischer Mining. A small group of husky miners stood outside the building, their heads together.

 

Chapter 3

 

Clem scratched his head. ‘The problem is that these witnesses are saying that you was there,’ he stated. ‘Until this thing is sorted out, then I have to keep you here in custody Joe.’

‘Clem you can’t be serious!’” Joe interrupted. Joe reached between the bars and playfully grabbed at Clem’s sleeve. He still though Clem was joking around with him. Joe had stopped by the Silver Dollar to kill some time waiting for the stage and the next thing he knew Clem was shoving him into the jail.

“Pa is on the afternoon stage and they are due in soon. Quit your fooling and open up the darn cell.”

”Joseph, you don’t hear what I’m saying. You are under arrest for murder.” Clem repeated quietly as he locked the cell with a big brass key on a metal ring.

“C’mon Clem. Open up and let me out. It is starting to rain and I’m going to be late getting Pa home for dinner. He’s probably standing by the depot waiting right now getting wet. And if anyone is gonna get killed it’s gonna be me. Meg is hell fire when I come home late…”

“Joe, shut up,” Clem said firmly “You are under arrest for murder.”

“Good joke, Clem. Who did I murder?” Joe laughed from the cell. He stood leaning against the bars. He still was sure Clem was pulling a practical joke on him.

“Mrs. Fischer.”

”Old lady Fischer is dead? Old marabou feather Stanley’s probably spinning in his grave fearing that she is gonna be joining him in hell and nag the heck out of him for all the rest eternity.” Joe laughed again “Who would kill an old lady?”

”Joe, shut up. Melissa Fischer was found murdered. “ Clem stared at Joe in a way that the rancher had never seen before. The hair stood up on the back of Joe’s neck.

Joe felt his knees wobble. Joe sat down abruptly on the cot and stared at the sheriff. “Melissa is dead? Clem, this is a really bad joke.”

“Like I been saying Joe, this here ain’t no joke.” Clem turned his back on Joe Cartwright and walked through the door that divided the cells from the office and slammed the heavy wooden door behind him.

 

Chapter 4

 

Clem studied Ben’s face for a minute. The sheriff’s own expression guarded. “That’s for a judge to decide.”

“I’m asking – could he go free?” Ben stared at the sheriff.

“There’s always that possibility.”

“What do you mean, Clem?” Adam leaned across the desk angrily.

“What do you mean, a possibility?” Ben suddenly became alarmed. “We’re here to bail him out, Clem. Are you telling me you are keeping Joseph locked up? I want to take my son home.”

“That’s what I’m saying. I told that to Adam an hour ago. I told it five times to Joe and now I am telling it to you, Ben. I can’t let him out on bail. Not tonight. I have to hold him at least until Judge Marsden sees him tomorrow afternoon to set bail.”

”Clem you have got to be kidding. It’s Joe Cartwright you are talking about, not some saddle tramp or gunslinger. He lived here his whole life. You had dinner with him last Sunday after church!” Ben pointed out.

“ Open up the cell and let him go home,” Adam argued.

“Adam, Ben, if Joe was my boy, and I were you, I would get Levi Victor down here as quick as I could. It don’t look that simple.” Clem looked grim.

”Joe didn’t kill her. That’s simple.” Adam glared at the Sheriff. “What are you talking about?”

”Ben, go get Joe a lawyer. Right now. Someone saw him leaving the Fischer house. And his face is all scratched up.”

”His face?”

”Go look. I just locked him up.”

Ben strode into the dim back half of the Virginia City jailhouse with Adam walking behind him. Joe sat grinning on the cot in the cell leaning back against the grimy stucco wall. His hat was pushed forward and its shadow hid most of his face. His boots rested on the musty green blanket. Joe stretched throwing his arms up in the air, giving an exaggerated yawn. ”OK. It is about times you got here. the two of you. Pa lets go home. We are gonna be late for dinner. Eric is all excited about you coming home. Meg is going to hand me my head if don’t get home soon. You don’t want to worry a woman expecting a baby.”

With out even saying hello, Ben ordered, ”Joseph let me see your face.”

”So you forgot what I looked like while you were gone to San Francisco? I’m still the best looking one in the family,” Joe grinned still not appreciating his predicament. “Don’t you even say hello, Pa? Say ‘Howdy Joe I missed you, son’ and…”

“Shut up, Joe,” Adam ordered.

“Who are you telling to shut up?” Joe was taken aback by his abruptness.

“Stand up and let me see your face,” Ben repeated reaching in through the bars. Joe swung his boots to the floor and stood up as near to Ben as he could. Even in the dim light of the cell, Ben could see his left cheek was raked with three, long red scratches. “What happened to you?”

”I got arrested. Come on, Pa. Get Clem to unlock the cell, I’m starving. I haven’t had anything to eat since breakfast. Meg is waiting dinner for me to bring you home. She baked a cake too.” Joe started to get annoyed with the delay and his stomach was growling. From the little piece of sky he could see from inside the cell he could tell the drizzle had stopped and the sun had started to go down. By the time he got the horses from the livery stable and got back to the Ponderosa, it would be dark and Meg would be worried or angry or both.

“What happened to you?” Adam repeated firmly.

Ben reached through the bars and lifted up his son’s chin. The fading light from the high window hit Joe’s cheek.

”Nothing,” Joe shrugged. He was too embarrassed to tell his father and brother that he was so angry about running all over Virginia City chasing after Jack Fischer that he foolishly tripped over the his own feet and fell off the Fischer’s porch into the shrubbery. Then the stupid fancy dog chased him until he rode out. How could he tell anyone such a ridiculous story?

“Joseph, I’m not joking. Tell me how you hurt your face. “ Ben’s eyes narrowed.

Suddenly Joe realized that his father wasn’t joking around. “I fell. I fell at the Fischer’s. I fell of the back porch into the bushes.”

”You were at the Fischer’s today? And you fell?”

“And the damn dog went after me.”

”The dog? What dog?”

”Fischer’s stupid fancy dog. Bruno? Brutus? That dog. The one that barks all the time and chases anyone who comes calling. The dog was running loose when I was looking for Jack.”

Adam and Ben stood silently staring at him.

”What’s going on Pa? Adam? Sure, I went looking for Jack. Adam wanted me to give him those final lumber commitments. When I went up to his office, they said he had gone home for lunch. So I went up to the house and no one was there.”

”Jack was with me. All morning and we had lunch together at the International Hotel. I left word at his office for you to meet us there.”
Joe stared at him.” No one told me to go to the hotel. I went hunting him up at his office and the miners said he had gone home for lunch. It was Johnny Sylvester and that fat red headed guy. Donahue. Danny Donahue. They said Jack went home for lunch and I should go up to the house.”

”How did you hurt your face?” Ben repeated looking at the wound in the fading light.

“I knocked on the front door and no one answered. So I walked around the house figuring someone might be in the back. You know, maybe in the kitchen or in the back garden. I was trying to put the papers in order and I wasn’t really looking how I was walking on the back steps. It was the final papers for all that trouble Jack put us through.” Joe paused.

Adam was grim faced and silent as he listened to his brother’s story. All three men hated the idea that the Cartwrights had been forced to knuckle under to Jack Fischer’s demands.

”Then what happened?” Ben probed. He stared at the scratches on his son’s face.

”I tripped over Bruno or Brutus or what ever that darn fancy dog is called. I fell off the back service porch into the bushes. Rose bushes, I think. Some thing with thorns. Then the fool dog decided he would guard the place and started chasing me.” Joe unconsciously put his hand up to his face and touched the three parallel scratches. “So I got on my horse and rode out.”

“No one was around?”

”No one Pa. Just the dogs roaming out loose. What is going on?” Joe was rapidly realizing that there was something frighteningly serious happening.

“Someone murdered Melissa Fischer late this morning…and you are being accused. Adam repeated what Clem had told him. “Clem says that someone saw you there.”

Joe’s stomach dropped into his boots. He opened his mouth and no words came out. “It’s a lie. I didn’t do anything!”

Ben put his hand on his son’s shoulder. ‘Joe, Clem might be right about getting a lawyer. Go with this for now, and I’ll get advice from Levi Victor. He’ll know what to do.”

”Just sit tight,” Adam said looking at his brother.

“Sit tight? Where am I going?” Joe shrugged looking at the black iron bars around him.

 

Chapter 5

 

Virginia City –The Next afternoon:

“I’m not going to sit here in the jail!” Joe yelled. ‘I didn’t do anything!” The cell door was slammed and locked behind him by Marshal Tucker Beck.

“Stop making a fuss and calm down,” He ordered over his shoulder as he walked to the outer office. He was in no mood for any conversation and certainly not with Joe Cartwright.

The Cartwrights had just returned from the inquest hearing. They had expected a simple procedure freeing Joe from any charges. At worst, had a trial been declared necessary, they assumed that Joe would just be freed on bail. Instead the judge charged Joseph Francis Cartwright with first-degree murder, refused to free him on any amount of bail that Joe could ever offer and had him returned to the Virginia City jail.

In addition to this travesty of justice, the prosecutor, Dylan Dennison, had requested a change of venue declaring that the Cartwrights were so powerful in Virginia City that they could sway any jury in their favor. He had even implied that Ben Cartwright would bribe a jury to declare his son free of the charges. The ambitious prosecutor planned to make an example of Joe Cartwright specifically and the Cartwrights in general. This was just the case to launch Dennison on the road to political triumph.

Ben offered as bond all the money he had in the Virginia City Cattleman and Miner’s Bank and to raise more as well as the deed to the Ponderosa and Adam offered his share of Stoddard and Bruce. The monumental sum was unprecedented and far more than any amount ever held for bail in any case in the history of the state of Nevada. Dennison demanded the accused remain locked up. “Who knows how many women Joseph Francis Cartwright might have murdered.” He tried to imply that Joe committed every unsolved murder in Nevada since the civil war.

Levi Victor was indignant and delivered a spontaneous impassioned plea to the bench. “Mr. Cartwright and his family have lived in this community for decades, not only will he show up for his trial he will be proven 100% innocent. Keeping this man in jail proves nothing as he has no risk of flight.”
Judge Oakhurst compromised, or at least stated he was making a compromise. “Joseph Cartwright will not be freed on bail, even if the Cartwrights put up all the gold in Fort Knox and all the silver in the Comstock Lode and all the jewels in the Tower of London,” Oakhurst stated with a rap of his gavel. He loved his gavel and the sound it made on special custom walnut round that adorned his judicial bench.

The judge refused the request for a change of venue insisting that the trial of the “dastardly killer” be held in Virginia City where the deceased had lived her entire life. To insure no interference from the “High and Mighty Cartwrights and their evil minions and cohorts” Judge Oakhurst appointed a Federal Marshal, Tucker Beck, to oversee the security of the prisoner and that no one would be unduly influencing the jury or the witnesses. “Sheriff Clem Foster can in no way be trusted nor expected to do an sufficient job of securing the prisoner so I have appointed Federal Marshal Tucker Beck to take charge of the Virginia City Jail.”

Then to further humiliate Joe Cartwright, Judge Oakhurst had him returned to the Virginia City Jail in shackles.

Levi Victor was furious. He told Joe that he would petition to the administrative judge and the governor for a reevaluation of the procedures. It was clear to him that Judge Oakhurst was biased and had already made up his mind. Until the appeal was resolved, Joe had to go back into the jail and cooperate.

”Joe, Oakhurst prides himself on his nickname. Watch your step. Your father and I will get this straightened out. Just sit tight.” Levi said as calmly as he could.

”What is Oakhurst’s nickname?” Joe asked. He never much paid attention to the courts and judges and their nicknames. He was too busy running the Ponderosa and tending to Eric and enjoying his marriage to Meg and the impending birth of their first child.

Victor and Ben looked at each other, afraid to say the words.

“Judge Hiram Oakhurst is known as the hanging judge,” Adam said bluntly. “Hang ‘em High Hiram Oakhurst.”

Joe turned on his brother and looked at him wide eyed. “You believe me don’t you?”

Adam reached through the cell and put his hand on his brother’s shoulder. ‘Joe, don’t be foolish. Of course I believe you. I know you are innocent, Joe.” Adam couldn’t believe that Beck wouldn’t even open the cell door and let them sit in the cell with his brother. He and Kate had just spent most of the morning before going to court reassuring Meg that Joe would be fine and back home for dinner. Now Kate had gone out with the children to break the bad news and keep her company until Ben got home.

“You are talking crazy!” Adam said.

“Crazy? I guess a crazy man can commit a murder,” Joe yelled back at him. ‘You believe I did this, and you want to get me locked up and out of the way so you won’t have to worry about me causing more trouble for you! Don’t you?’ He was ranting irrationally as he pushed his brother’s hand away. He shoved it so hard that Adam’s hand banged into the black iron bars.

“Stop Joe!”” Adam pleaded with him to quit. He put his bruised hand under his arm. “Please, Joe. Calm down.”

‘I don’t care what any damn witness says, I didn’t do it! Whether you all believe me or not, that’s the truth!” Joe raged not paying mind to anything said.

Adam stood silently hoping Joe’s temper would blow itself out and not escalate to a point where he was totally out of control. He walked out of the cell area and confronted Marshal Beck.

‘Joe said he didn’t do anything, and you’re just going to take this so called witness’s word for it?’ Adam demanded.

“Yup, got a witness that heard him argue with Mrs. Fischer at other occasions and threaten the Fishers. The witness saw your brother leave the Fischer house just before noontime.” Tucker said tersely. He was going to punish Melissa’s murderer if it was the last thing he ever did.

Beck’s cold eyes locked on Adam. They could both hear Ben and Joe hollering in the cell area.

“Levi Victor is only trying to help you. For heaven’s sake do as Levi says and give us some time to deal with this!” Ben pleaded in the other room.

“Some temper your brother has. He always was quick to fight, quick with his hands.” Tucker said still watching Adam’s grim face. He turned and went back inside to Joe’s cell.

“Deal with this?” Joe shouted.” This is my life you are talking about! I need to get out of here and go home” He never did well in closed in spaces and this was more closed in than he had ever been. He had barely slept the night before. He tossed and turned on the lumpy cot worrying about Meg back on the Ponderosa.

Joe drew a few deep breaths and spun angrily on his heel. He walked up and down the cell like a caged animal. He walked the short length of the cell and slammed his fist hard on the rough brick and stucco wall.

Adam felt helpless watching his brother’s frenzy. He put his bruised hand to the bridge of his nose and stood immobilized, silently trying to think of what to say or do to calm his agitated little brother. Tucker was right. Joe always was quick with his hands; even now he struck out in a rage.

“Joseph!” Ben pleaded futilely reaching his hands through the bars to comfort his youngest child.

‘I don’t care what any damn witness says, I didn’t do it! Whether you all believe me or not, that’s the truth! “ Joe raged and slammed his fist harder into the wall. This time he hit the rough wall so hard that it tore open the flesh and his hand started to bleed. A thin stream of blood trickled down his wrist and stained the cuff of his rumpled shirt.

Adam stepped forward and reached for his brother through the bars. Joe wrenched away from his reach. Adam had once seen a fox caught in a trap gnaw his own paw off and that was what Joe looked like this minute.

‘Joe stop this! Please. The important thing at the moment is to get this thing cleared up, so stop losing your temper and co operate with everything until we get you out.” Ben demanded as he tried to soothe him.

Joe glared at him. ‘I would think the important thing at the moment would be to get me out of here now!’ he shouted. “I have to watch out for Meg, Pa. Meg is going to have a baby and I can’t leave her alone. Not now. I need to be with my wife, now. Eric will fall apart again and I am stuck here. I didn’t do it!” The words raced out of his mouth like a steam locomotive roaring down the track.” Get me out of here!”

“Calm down Joe!” Adam said in a firm, calm voice. “I’ll go find out who this so called witness is and we can punch a hole in his story not in the wall.”

‘I can’t stay in here!’ Joe yelled, “I have to get out. Now!” Joe never could bear to be kept inside. Now he was trapped in a small cell. “The judge doesn’t even trust Clem to run his own jail.”

”That’s not quite it. He thinks because Clem is our friend you won’t get a proper trial,” Ben tried to reason with his son. Joe was right but Ben was not going to say so, not in front of icy cold Marshal Beck.

“What difference does that make, Pa? It is the same thing I just said! The judge doesn’t think Clem can do his job and they need a Federal Marshal to watch the investigation.”

Adam stood silently in the corner of the vestibule near the cells thinking how not only did the judge refuse his brother bail, he had viciously implied that Clem Foster might be prejudiced in Joe Cartwright’s favor or even susceptible to bribe by the “High and Mighty Cartwrights and their evil minions and cohorts”. Adam was sure Jack Fischer had a hand in the judge’s decision but would not say that in front of his brother. The late Stanley Fischer had supported Oakhurst appointment to the judiciary when Nevada received statehood.

Adam walked into the office section of the jailhouse. ”You going to believe this witness! Who are you going to believe my brother or some lying son of a bitch witness?” Adam roared.

”Adam, you don’t wanna be saying that…”

”Don’t tell me what I should be saying. This witness doesn’t know what he is talking about.” Adam pounding his fist on the desk. “The witness must be lying.”

”Don’t think you want to be saying that…” Tucker repeated.

”Well who is this so called witness that says my brother killed Melissa Fischer?”

”Kate.” Tucker said in a quiet voice. He turned his back on Adam and pulled the old pages off the calendar. It still showed that it was April. By Marshal Tucker Beck’s estimation, Sheriff Clem Foster ran a sloppy operation and probably only was the sheriff because he married Roy Coffee’s daughter. He would make sure this office ran efficiently and professionally as long as he was in charge. That was the least he could do under the circumstances.

”Kate who?”

”Kate Cartwright, your wife.” Tucker turned around and stood watching Adam’s face.

Adam stood silently for a minute trying to comprehend what the marshal just told him. “Kate?”

”Your wife heard Joe fight with Melissa Fischer and threaten her. Mrs. Adam Cartwright and Mrs. Clem Foster was the ones who found her dead and saw Joe ride off. The two of them came to the Fischer house to meet about some church fundraiser. A wife can’t give testimony against her own husband but the law don’t say nothing about a brother in law.”” Adam stared at the Marshal and prayed that Joe hadn’t heard what he said.” That’s another reason I am in charge of the prisoner. Can’t have the husband of one of the prime witnesses guarding the accused. The judge don’t think it looks right.”

”Doesn’t look right?” Adam growled. “How does it look to have an innocent man in jail?”

Tucker stared at Adam. There was little doubt in the Marshal’s mind that Joe was not innocent. Joe Cartwright was a murderer and should be brought to justice if it was the last thing Tucker Beck ever did.

The door opened to the office and Sam Cartwright stormed in. He had come home from school expecting to find his uncle had gone back home to the Ponderosa and everything was resolved in his favor. He was told that Joe was in back in jail by his distraught mother as she headed out to the Ponderosa to comfort Meg.

“Let him out! He didn’t do it! Uncle Joe said he didn’t kill any one and he didn’t!” Sam Cartwright hollered at Tucker Beck. “Let my uncle out of that jail right now. Sheriff Foster would.”

”I’m not Sheriff Foster, Boy. And that is why the judge has me sitting here.” Tucker Beck shouted back at Sam. “That’s why they brought in a Federal Marshal, Sonny. You Cartwrights hold no power over me.”

Sam stared at the marshal. “Let him out! He didn’t do anything, you big jerk. You know that or are you that stupid. You know my uncle is innocent!” Sam swung a fist in the air.

“Sam! Go home!” Adam shouted.

Beck glared at the boy. He could knock the kid flat with one punch if he wanted. The kid had the same hot temper Joe Cartwright had as a boy and the same rich boy dogmatic nature. “Adam, get your boy out of here before you Cartwrights have more troubles,” the Marshal ordered firmly. He put his hand on Sam’s shoulder and held tightly on to him.

Adam stepped forward, his dark eyes blazing and his jaw clenched. He was desperate. He couldn’t deal with his brother’s situation with Sam carrying on in the office.‘ Sam, I’ve had just about enough out of you! Why don’t you just shut up and calm down? I told you that you shouldn’t be in here!”

“But Pa!” Sam argued loudly.

“Can’t you just for one moment listen to other people instead of carrying on like this?’ Adam continued. ‘Sam, if you are so determined that everyone believe Uncle Joe, then you’d better give us the chance to get a defense for him, without you causing a disruption here like this!’ Adam feared that Beck would throw them all out and somehow manage to ban them all from visiting Joe. The judge had implied that he could make that decision if the Cartwrights didn’t follow his rules.

Sam stood silently and stared defiantly at the Marshal. He was embarrassed that he was carrying on like a little child but it looked to him like no one was doing anything to help his Uncle Joe.

The street door to the sheriff’s office opened again. Clem Foster stood holding a painted tin tray with Joe’s dinner on it. He walked inside and silently put the tray down on his own desk that Tucker Beck had appropriated.

Slowly, Clem moved towards Sam and said in a low, firm voice. ‘You have no choice Doc. Do what your father says and get out of here now. The Marshal here is in charge of this jailhouse, not me. That is what the judge ordered. Judge don’t think I can be conscientious enough with you folks. Judge thinks I might be too kind hearted and let Joe off.”

”Sheriff Foster! You know my Uncle Joe is innocent,” tears welled up in the boy’s eyes. He rubbed his hand across his face. He was embarrassed that the men should see him crying like a little kid. “Please! Let him go home” Sam knew Eric had a terrible time when Uncle Joe was away for any length of time and he was very worried about his Aunt Meg. She had already lost one baby and Sam didn’t want that to happen again.

Clem sighed. He knew the boy was right but he was helpless to do any more than bring Joe Cartwright the good dinner Nancy had made for him. Federal Marshal Tucker Beck was clearly in charge. “This is no place for you, Sammy. Adam take your boy home and the both of you take care of Meg and Katie and all the little ones. Go on now.”

Sam looked inquiringly towards his uncle. In his cell, Joe nodded in silent agreement. “Go home Sam. Adam, please go home with him. Tell Meg I’m all right. Please.” Joe kneaded his bad shoulder absentmindedly. “Go home all of you,” His rage had run out of steam and was suddenly quiet and exhausted.

Adam nodded. He knew there was nothing he could do for his brother in the jail that night.

“Take care of Eric, please. Please Sammy. Do what they say.” Joe couldn’t stand having the boy see him in such a state. “Please Sam. Eric needs me and I can’t be there for him. Do that for me.”

”Everyone go home. I’ll be along later,” Ben added.

The boy was already formulating a plan in his mind. “I’ll get you out, Uncle Joe. I promise.” Sam hollered across the office to his uncle in his jail cell.

Joe looked at the boy. “You just do what your father and Grandpa tell you to do Doc. And help out Aunt Meg as much as you can. I’ll be home very soon. This is all just a big mistake.” Joe tried to smile as best he could but Sam could see it was a fake forced smile. Uncle Joe was trying to be brave but the smile was a phony as the features on the white marble bust of Hippocrates in Doctor Martin’s office.

“Ok,” Sam reluctantly agreed.

Everyone was silent until the door shut behind Sam. Joe slumped forlornly to the narrow cot and digested his brother’s remarks.

After a few moments he said softly. ‘I’m OK now, Pa. But just get me out of here alright?”

Ben nodded. “And make sure Meg knows I am coming home as soon as I can.”

 

Chapter 6

 

Western Union

Miss Trudy Magee, San Francisco

Cannot leave Virginia City yet. My mother murdered. Stay put. Letter to follow.
Love,

Stanley John

_____

Dear Joe,

I miss you and love you very much. I hope I packed all the right clothes for you. I will see you again tomorrow. You didn’t ask for socks but I put them in the bag anyway. I love you.

Meg

_____

Dear Meggie,

I couldn’t sleep last night and I was thinking of you. The jail is pretty quiet. Just me and some drunk sleeping it off. He snores pretty bad. I got Tucker to give me a piece of paper, that is why this is written on an old wanted poster. I wrote a list of names for the baby. Tell me what you think.

How about Cochise, Comstock or Winnemucca if we have a boy? (And I know we will!)

For a girl: Lilac, Meg or Cochise. I am sure Coochie won’t mind. Or Tahoe? Or Mary. Or Buttercup after you.

Tell me what you think.

Love you and miss you. See you in a couple of days when this foolishness is done. Tell Eric I love him and will be home as soon as I can.

Tucker is as cold as ice and all business so with the drunk snoring and Tucker not talking to me, it is pretty lonely here.

I love you to the moon and back,

Joe

 

Chapter 7

 

Ben automatically unstrapped his gun belt and handed it to Clem Foster who hung it in the outer office. Ben walked into the now familiar cell area of the jail and waiting admittance to Joe’s cell. In his worst nightmare, he never thought he would be visiting his son in jail for weeks with no end in sight. The days had started getting colder and it very was clear summer was gone for good.

Most of the hands on the Ponderosa were tending to the fall round up supervised reluctantly by Hays Newkirk. As he rode off with the men he told the men, “Joe should be here doing this, not me. He’s been runnin’ the show for a few years now. He should be doing this not me. He should be riding with this herd and not cooling his heels in jail on some trumped up hogwash.”

Robert O’Mara nodded and wished Joe was riding beside him and Casey. He had taught the young green hand all he knew and young O’Mara had been looking forward to living out his cowboy dreams with his hero Joe.
Clem came in with the jangling ring of keys and opened the cell door and let Ben go into the cell. He slammed the door behind him and carefully made sure it was locked. “Can only let one of you in with Joe. The Marshal said only one and I had to frisk you first. Consider yourself frisked, Ben. I’m just doing what the marshal ordered.”

“The Marshal? This jail Clem. What’s going on?” Ben Cartwright questioned once again. “Oakhurst is just taking over.”

“Judge thinks I can’t do a decent job because I know Joe his whole life. Because my wife and Katie are friends. Because Judge Oakhurst is a son of a bitch and has his brain in his rump. He ordered that the Federal Marshal should over see the jail, not me.”

”Are you pulling my leg?” Ben asked furiously. “What does that have to do with anything?”

Clem frowned. He didn’t want go into this with the Cartwrights and disturb them more than they already were. Clem suspected that Jack Fischer was somehow to blame. Clem was sure Jack had pulled strings to get him pushed off and pulled strings to get hanging judge Oakhurst put on the bench rather than Judge Marsden. Marsden was a decent man and it should have been his turn in the rotation of circuit judges. Oakhurst prided himself on being called the “Hanging Judge”. All Clem could say was “Levi is already inside with Joe.”

“We are doing the best we can, Joseph” Levi started. He stood outside the cell looked at Joe sit dejectedly on the other side of the black iron bars. He had known the Cartwright family longer than Joe was alive and was fearing there was going to be no way to get a” not guilty verdict” unless they could come up with some new evidence. “We are doing the best we can.” He lit up a cigar and puffed angrily.

“The best isn’t good enough Levi,” Joe sank to the cot and put his head into his hands. Ben sat down next to him.

Joe nodded his head miserably. ‘Yeah Pa, course I believe you but… I don’t think that jury thinks much of what I said.”

“The truth is the truth.” Levi said firmly. “I’ll make them believe you, Joe.”

Joe looked up at his father’s dark eyes and spoke softly and fervently begging forgiveness from his father “I’m so sorry Pa. I didn’t mean to make such a mess of things. You always said that my hot temper would get me in trouble.”

“We’ll get you out of this, son.” Ben

”Is Eric all right?”

”He’s holding his own.” Ben was afraid to tell Joe what a terribly difficult time the boy was having.

Eric Cartwright had reverted to the same frantic behavior he had when the child first was rescued and brought to the Ponderosa by Joe and Meg. He insisted on wearing Joe’s shirt to bed as a night shirt and was up crying from nightmares a few times each night During the day, the child stood staring out the window or sitting on the front porch hour after hour silently waiting like a sentinel for his Uncle’s return. He rarely smiled or said a word.

At once, Ben moved towards Joe and put his arms around his son. Joe clung to his father and rested his head on the broad shoulder as he closed his eyes and listened to the silence around them. After a moment he heard his father’s comforting voice. ‘Joseph, are you all right?’

He nodded, but didn’t lift his head. He longed to stay in this position forever, desperate to feel the comfort of his father’s arms and pretend that his touch would make it all go away just as it had when he had been a small boy. “Pa, I didn’t do it. I would never raise my hand to a woman, Pa. I wasn’t even inside that house.”

Ben gently rubbed his son’s neck. He could feel the tension in his son’s body knotted like ropes holding an anchor in a stormy sea. ‘I know you didn’t Joe. It’s all right.”

‘No Pa, it’s not all right. It’s far from all right. Jack Fischer wants to destroy us. He swore that he would.” Joe stood up and moved the two steps toward the front of the cell. He bent his head on the cold metal of the bars and sighed as he closed his eyes. “I’m here and Meg is going to have the baby any day now…any day Pa. And Eric was doing fine until now.”

”He is still fine.” Ben reassured him. Joe knew he was bending the truth.

“Meg says Eric stopped talking again. Not a word Pa. Is she exaggerating? Is my wife lying to me?”

Ben shook his head. “You’ll be home soon and Eric will be just fine again.”

What am I going to do if they convict me?” He sighed. “I can’t go to jail. What will become of Eric and Meg? What about my baby?” Joe put his head into his hands. Joe was shivering from the chill, damp cell.

”They won’t convict you Joe. You didn’t do it. They are not going to convict you.” Ben stood up and hugged Joe to him. He pulled him close just as if he was a small boy and not a grown man with his hair starting to turn gray. The two men sat silently for a few minutes, their arms around each other until they heard Meg and Levi Victor come in to the sheriff’s office. Joe pulled himself out of his father’s arms and unsuccessfully tried to put on a brave face for his wife.

Clem unlocked the cell area with his jangling ring of brass keys. Ben stood to allow Meg take his seat next to her husband. “Guess I am such a poor stupid sheriff I can’t count up if there is but one person in this cell or two, Meg.” Clem muttered. He walked out to his former desk and tried to give Joe a bit of privacy with his family.

Levi Victor silently watched Meg kiss her husband and snuggle close to him. Joe pulled her tight to him and held her as close as he dared. Meg took both his hands in hers and started to rub them. “Your hands are cold as ice, Joe.”

“I’m warmer now that you are here,” He unsuccessfully tried to smile, to be the rogue that he had been accused of in testimony all day. “But you need to go home, Meggie and rest. Please Meg. You have been here all day.” He rested his cheek against her hair and tried to breath in the fragrance of her lilac soap. He needed to store up the essence of his wife so when he was alone at night he could draw up on that memory for comfort.

“Joe is right,” Levi Victor said firmly. “Ben, Meg, go home. I need to talk a bit to Joseph anyway.” The attorney was trying his best to defend Joe and keep a lid on his outbursts.

Meg looked at Joe’s weary pale face and he nodded. “Go home, Eric needs you. I’m really fine. I just want to go to sleep.” She didn’t let go of his hand but just twined her fingers through his. He rubbed his thumb over the back of her soft hand.

Levi Victor and his wife were never able to have children of their own. That was why they both showered such devotion on raising their dogs and supporting the orphanage and schools. The Victors took special joy in Ben Cartwright’s growing family. Joe and his brothers held a special place in Levi’s heart.

Levi said firmly. “You know I am the best lawyer in the state. Best in the country.”

“Most modest too,” Joe quipped. Meg squeezed his hand as if to tell him to be quiet.

Ben nodded his head. “Be brave Joe. Levi is going to get you off.”

‘Sure Pa,’ he replied with little conviction. He was quickly running out of courage. “You think that even though every bit of evidence Dennison is presenting says I did it…they will acquit me? “

“Joseph, only the prosecution has presented their case. I haven’t yet presented the defense’s side.” Levi reminded them. “They only have circumstantial evidence.”

Meg held tightly to Joe’s icy hands and listened to Levi’s encouragement.
”And a parade of the good people of Virginia City recounted every time I lost my temper or got in a fight or said something bad about the Fischers since I was born. Maybe even before I was born.” Joe snapped. Meg squeezed his hand as if to silence him.

“If we can create a reasonable doubt, make the jury feel that someone else may have done the crime, I can get Joe off. In this country we believe the defendant is innocent until proven guilty. Dennison has to prove you are guilty, Joe.” Levi Victor said. He stood outside the cell waiting to see Joe’s response. In his entire legal career he had not fought harder for his client and felt more frustrated by his inability to win a clear victory in the case.

He loved Joe like his own son and was desperate to get him freed in any way possible. Joe’s freedom was far more important than proving a point of law.

”You can have him declared innocent?” Meg’s eyes lit up and she put her hand on top of Joe’s hand as they sat hip to hip on the narrow cot. She slid closer to her husband.

“I am aiming at a ‘Not guilty” verdict. I can hope we can get the jury to say that.”

”Isn’t that the same?” Joe asked. “I’m innocent. I didn’t do it. Then I can go home. I just want to go home.”

”Not quite,” Ben shook his head. He understood the fine line between “Not Guilty” and innocent.

”Not guilty means the jury can’t be absolutely sure. There is a reasonable doubt, the law says. There isn’t enough evidence to prove that the accused committed the crime. The defendant isn’t convicted,” Levi explained. He reached into his pin striped gray jacket and took out another cigar and put it in his mouth. He patted down his pockets looking for a match. “No matches,”

Ben checked his pockets and had no matches either. The lawyer just left the unlit cigar in his mouth.

“But I didn’t do it,” Joe repeated as he had been since this trouble started. “I’m innocent. Why wouldn’t they declare me innocent?”

”I can’t prove it. I can only make the jury unsure. I can throw so many irons onto the fire they don’t know who or what to brand. Maybe someone else did it. Maybe you are not guilty. I can’t make them see you are innocent, just not sure that you did the crime. ”

”Not sure? I’m sure. Make them sure. I didn’t do it! I’m innocent!” Joe argued. “Levi, make them sure.” Joe jumped up shook the bars with both hands.

“I can’t.” Levi said softly. “I would give my right arm if I could Joe. I can’t. The best I can do is to confuse them and cloud the issue and make the best argument I can and…” He pulled the cigar from his mouth and angrily looked at the unlit end. “Doesn’t any one have a match?”

”No, Levi. No matches. I just have a hack saw in here that I use to cut through the bars and go home and a shovel to dig my way out by way of China,” Joe put his feet up on the edge of the cot and lay his head dejectedly on his knees. “I’m innocent. Make them see that I am innocent. Please, Levi.” Meg stroked his hair.

“Please, Joe, just come home, I know you are innocent. We all know you are innocent. Just let Levi get you home.” Meg pleaded. Ben could see that Joe was quickly loosing his composure and neither man wanted Meg to see her husband fall apart.

“Ben take Meg home now. It’s getting late,” Levi repeated protectively. He needed to speak privately with Joe.

Joe helped Meg to her feet and they kissed good-bye. “I know you are innocent, just let Levi do what will get you home.” She smoothed her hand over his pale cheeks and made mental note of how thin he had become. Afraid to say anything more she hugged him tightly and left.

Levi stood silently for a few minutes after Ben and Meg departed. He pulled a match from his pocket and handed it to Joe. “Joseph, remember how you always lit my cigar as a little boy.”

”You had a match?” Joe couldn’t figure why the bearded attorney had pretended he had none.

“Do you remember why you started lighting my cigars for me, son?” The attorney repeated.

Joe struck the match on the rough wall and lit his attorney’s cigar. Joe looked at him blankly for an instant and shrugged. It was an old custom between the two of them that had gone on so long Joe had totally forgotten how it had started.

”You were not more than six years old, Joe. Maybe younger. About a year after your mama died. Remember what attorney- client confidentiality means? And how you paid your first bill to me?”

Joe smiled for the first time all week. “I remember Levi. It took forever.”
Little Joe had swiped his father’s pipe and Levi caught the boy trying to smoke it behind the tack room. Joe was using some oats from the feed bin for pipe tobacco and had almost set the place on fire before Levi came to his rescue. At first the child claimed an Indian had shot a burning arrow through the window.

After he stomped out the flames, Levi had gotten a confession from the boy he explained attorney client confidentiality. “It means I can’t tell anyone the secrets my client tells me. Not to a judge, not to the boy’s own Pa neither. The owner of that stolen pipe is going to know only if that boy tells his own Pa his misbehaviors on his own.” Levi said holding a frightened, crying Little Joe on his knee. “And that is sure what I would recommend to my client. A full confession to that client’s father.” Little Joe had agreed and promised to avoid smoking until he had enough whiskers to shave. Joe also had light his attorney’s cigar “forever” until he finally paid his legal bills in full. Levi kept his word and never told Ben what had happened. Joe confessed to his father that he had stolen the pipe.

“You know what attorney client privilege is Joseph?”

Joe nodded.

“Need to tell me anything, Son? You know I can’t tell anyone anything you tell me.”

”I didn’t do it Levi. I was never in the Fischer house that day and I never ever laid a hand on Melissa Fischer. Ever.” Joe said firmly. “And there was absolutely nothing going on between us. Nothing ever happened between me and Melissa that Meg would ever be upset by or question. Never.”

Levi smiled and handed Joe the match. “That is exactly what I thought. Just needed to hear you say it, Son.”

Joe struck the match on the wall lit the cigar. “The truth never changes, Levi. You taught me that yourself. The truth is the truth.”

 

Chapter 7

 

Meg, Stop being so stubborn and let Pa tend to you. Doc Martin said that you shouldn’t be carrying heavy things and going up and down the stairs so much.

Joe

PS I miss you and love you.

_____

Joe,

Hope you enjoy this chocolate cake. I made it just for you.

I am not any more stubborn than you are. I love you very much.

I am fine. Don’t worry so much.

Love always,

Meg

_____

Dearest wife,

Thank you for the cake. Clem thought it was mighty fine. I even shared some with Tucker Beck. I figured maybe he would be less of a hard case if I buttered him up with a bribe. Ha Ha. Told him when I got home you would invite him over and bake him another cake if he acted nicer to me. Don’t think it helped.

See you tomorrow,

Love, Joe

PS I need more clean underwear and some warm shirts. It gets awful cold here at night all alone. I miss you an awful lot even when it is not cold. Send the clothes in with Pa. Don’t think you have to come to court everyday. Don’t wear yourself out. You need to rest. At least I am resting my shoulder and not working too hard like Doc told me. Clem won’t let me break any horses in the cell and Tuck won’t give me an axe to chop wood neither.

________

Dear Joe,

I miss you so much. I will come to court every day no matter what you say. I want to be with you as much as I can. I am not overtaxing myself.

Eric and I will stay with Kate and Adam for a few nights. Your father told me that you are insisting that I do that. I suppose I have to obey my husband’s orders as I always have.

Love, Meg

_______

Meg,

Obey my orders? Ha ha!. This is the first time I remember you obeying anyone’s orders you stubborn thing.
Thank you for listening. I worry enough about everything with out having to worry about you getting worn out. Eric is better off with Adam’s children too.

I will see you tomorrow morning.

Love,

Joe

PS Tell Kate to make me some cookies. Jail food stinks

______

Darling Joe,

Here are the cookies you wanted. Elizabeth sends you her favorite book for you to read. I also enclosed the new Mark Twain seeing as Elizabeth’s Three Bears may not be entertaining for very long. I won’t tell Nancy Foster that you disdained her cooking. Guess you are more homesick for Hop Sing’s cooking than you are letting on.

Katie

PS I am insisting on Meg staying here as much as she can. I told her it is for Eric and she seems to be willing to go along with it for his sake. I wish I could do more, Joe. I truly do.

 

Chapter 8

 

Usually, in court, Meg Cartwright was able to sit in the area directly behind Joe. She could slip her hand between the spindles of the wooden railing that divided the spectator’s gallery from the defense table. They could hold hands briefly, hoping that the judge didn’t notice.

On one occasion, Katie had seen the judge look towards them; she dropped her purse with a clatter. Levi knocked over a stack of folders on the edge of the defense table to distract Judge Oakhurst.

Oakhurst had sternly reprimanded them all for disrupting the court proceedings. Kate rose and made an exaggerated apology and promised to be more careful. Levi Victor stood up and further blocked the judge’s view while Joe quickly turned around and swung over the rail. Joe reached his arms around his wife, pulled her close to him and kissed her soundly. Meg leaned into him, feeling his warm breath on her cheek as her heart raced.

Every man on the in the courtroom for that brief instant was envious of Joseph Cartwright, a man on trial for murder, as he gathered Meg in his arms. The strong love between them was apparent to anyone there.

“Why would a man who has a sweet wife like that be involved with Melissa Fischer?” muttered juror Hiram Madison. He and his wife owned the milliner’s shop in Virginia City and both women, Meg and Melissa had shopped there regularly. Mrs. Fischer was strikingly attractive in her own way but definitively unpleasant and cruel. His wife avoided her and made Hiram wait on Mrs. Fischer whenever she came into the store. Meg Cartwright was certainly the more attractive looking of the two and far more charming and warm. She always went out of her way to be friendly and kind. Meg had even gone out of her way to give their daughter Peggy an old pony saddle that she found in the Cartwright’s tack room. She insisted it was just a lucky coincidence that the saddle had the name Peggy tooled on it.

Madison could never imagine wanting another woman if he had Meg Cartwright as his wife.

“A man would have to be crazy to go plowing in another man’s field if he has a woman like that,” added another juror. “And Joe Cartwright ain’t no crazy man.”

Johnny Sylvester, standing in the back of the courtroom stared at Meg’s blonde hair and longed to run his hands through it and touch her slender throat. “No married woman should be making such a display of herself.” He heard Mrs. Butler remark in the row in front of him.

“Amen.” Johnny said to everyone and no one.

For a second, even prosecutor Dylan Dennison thought that he would be willing to be facing a gallows in exchange for one night with Meg Cartwright; even part of a night. As quickly as the thought flickered in his mind, the hammering of Oakhurst’s gavel brought him back to reality.

The entire courtroom burst out laughing and the judge had to hammer his gavel to quiet everyone. When Oakhurst realized what had gone on under his nose he was even more angry with the Cartwrights than he had been before. “If the defendant attempts to escape again I will have him bound in shackles!” Oakhurst bellowed.

”Take it easy judge, the fella was jest kissing his wife!” Rube Carey hollered from the jury box.

”Mr. Carey, I will throw you off the jury if you persist and evict both Mrs. Cartwrights from the court. Have I made myself clear!” Oakhurst raged and pounded for quiet so hard the head of the gavel flew off and almost hit Dylan Dennison. He had to adjourn the trial for lunch to get the courtroom calmed.

 

Chapter 10

 

After lunch a parade of witness told their stories.

“Mrs. Butler wasn’t at the scene nor did she see anything. I object! To accuse a man of murder with out clear and positive evidence of the facts is a terrible injustice!” Levi roared.

“Objection denied!” the judge banged his gavel. “Continue questioning your witness, Mr. Dennison.

“Yes I am sure Joe Cartwright killed Mrs. Fischer. I am very sure even if I wasn’t there and didn’t see anything,” She spat back Levi’s words.

“Mrs. Butler, did you ever see Joseph Cartwright loose his temper?” the prosecutor asked.

“Oh sure, many times. He is very hot headed and even has been rude to me!” Margaret Butler testified.

Did you ever see Joseph Cartwright loose his temper to the point of violence? “

”Oh yes!” Mrs. Butler was the first of a parade of witnesses who described Joe fighting with Jack Fischer at Doc Martin’s party or Joe as a boy fighting in a schoolyard or Joe brawling in a Saloon.

“Did you ever see him loose his temper to the point he could kill someone?” Levi asked.

”Well, no…but he once yelled at me years ago.” Mrs. Butler looked at Levi. “He was quite loud.”

”Did he? What had happened?”

”I said something about Kate Wallace…Mrs. Adam Cartwright, that Joe took offense at.”

”I won’t even ask you what you said but it is clear that Mr. Cartwright was defending a lady.

“Well in a way…” Mrs. Butler stammered.

“And did he raise a hand to a woman? Did he strike you even though you caused him to lose his temper,”

”Well no, I suppose he was defending Kate.”

”That is all Mrs. Butler.”

Levi then called for Benjamin Cartwright to testify.

“Who initiated the conflict when your son fought with Jack Fischer, Ben.”

“I suppose Jack did. Jack is a few years older than my son and for years bullied him in the schoolyard when they were boys. He was older and much bigger and would pick on my son.”

”Did that acrimonious situation continue?”

“Years ago Jack Fischer attacked his own wife at a party. It was Dean Newkirk’s wedding party. My son tried to intercede, to protect Melissa and Jack hit him.”

“Joe was defending Melissa Fischer?”

”Yes sir. He was protecting her from her husband. Joe and Jack fought and they had to be pulled apart.” Ben testified.

“So your son was defending an innocent woman from a violent man?”

”Yes sir. I raised my sons to respect all women and never, ever raise their hands to a woman. Never. My family even offered Melissa Fischer a place to go if she needed. We told her she and her child were always welcome on the Ponderosa if she needed our help as did the Wallaces and the Fosters but she never took any of us up on the offer.”

Next witness was Adam Cartwright.

“Who initiated the conflict when Joe struck Jack at the party for Doctor Martin?”

“Jack Fischer .He and his wife were making disparaging remarks about our family.”

”What kind of remarks? Did they have to do with ranching or cattle or the business you did with Fischer mines?”

”No sir. Nothing like that. Mr. and Mrs. Fischer said cruel things about our nephew. They insisted that we should never let the boy out in public. They said that our Eric should be drowned like a defective pup.” Adam recounted.

Levi faced the jury so they would clearly hear his comment. “Drown a child? That is a pretty violent act.” He paused looking directly at the jury. “What kind of man would say such a thing?”

“I don’t know. Joe got upset and quite angry at that remark. Eric is our dead brother’s child and Joe is raising him. Joseph and his wife, Meg are his guardians and they all live on the Ponderosa. Eric doesn’t talk much since the murder of his mother.”

“So Jack Fischer said an innocent orphan child should be killed?” He looked at the jury again fixing them with his gaze.

”Yes, sir,”

“And Joe was protecting the child, your nephew?”

”Yes sir.”

For a moment, it really looked like Levi had made the point. Unfortunately Adam was followed by Kate’s testimony putting Joe at the scene and Nancy Foster agreeing that she had seen Joe ride away on Cochise just before the two women discovered Melissa’s body.

The final witness of the day was Mrs. Stanley Fischer who described almost every fight Joe had with anyone since he went to school and insisted that Joe and her daughter in law had gone out as youngsters and Melissa had told her as recently as a month before her murder that Joe was a very handsome man.

“Saying that someone has a nice appearance doesn’t mean that there is anything inappropriate going on, Mrs. Fischer.”

“It may! My daughter in law said that Joe Cartwright looked very nice quite often,” Mrs. Fischer said pointedly.

”Mrs. Fischer, I think you look very nice.”

Mary Fischer’s jaw dropped.

The courtroom broke up into laughter and Judge Oakhurst pounded the gavel to silence everyone as Levi Victor sat down at the defense table next to a smiling Joe Cartwright.

 

Chapter 11

Dear Eric,

I will try to make arrangements with Sammy to hold you up by the window like last time. I miss you very much.

Please be a brave boy. I promise I will be home as soon as I can. Please be a good boy for Aunt Meg and Grandpa. Don’t forget to water the lilac bushes while you wait for me to come home. Even though it is cold those plants need water to get them through until spring.

I love you with all my heart. Always.

Uncle Joe

__________

Dear Meg,

I wrote a letter for Eric and put it in with this one for you. Maybe it will make him a bit happier to get his own note from me. I sure hope so. Tell me how he acts when you read it to him.

I really worry about the both of you all the time. Pa too. I miss you more than I could put in word and more than you know. I will be home soon. Maybe we can go to San Francisco for that real honeymoon when this is all over.

I love you to the moon and back.

Joe

_____

Dearest Joe,

I love you with all my heart and count the days until we are together.

I am letting your father watch Eric more of the time and carry him up the stairs as he won’t go on his own anymore and know you and Doc doesn’t want me lifting him.

I am not any more stubborn than you. We will probably have the most stubborn baby in the state. Did you decide on the list of names yet? I refuse to use any of your suggestions. Cochise Cartwright and Winnemucca and Comstock Cartwright or Thackery Cartwright are not names I can seriously consider for our baby, especially for a girl.

How about Joseph Francis Cartwright Junior or James Benjamin Cartwright? My mother’s father was James. She would be very happy if we used the name.

What about Marie after your mother if we have a daughter? It would surely please your father. Or Emma for mine.

I love you more than I can say.

Meg

_______

Dear Meggie,

Don’t even think of Joseph Francis Cartwright Junior for our son. I spent most of my life hating when people called me Little Joe.

What do you think they will call my son? Tiny Little Joe? Small Tiny Little Joe? Little Joe Junior? There must be some good reason that Pa didn’t name any of us Benjamin Cartwright Junior and let us have our own names.
I think you should reconsider something like Comstock Lode Cartwright or Cochise. High Sierra?

What about Chocolate Cake? Both as a name and as something you can bring me.

Love,

Joseph Francis Cartwright, your one and only.

_______

Dear one and only,

I still think we should name the baby Joseph Francis. Or what about Francis Joseph? We can call him Francis. Or Francois.

Your one and only,

Meg

_____

Meg,

Francis? Francois? Do you want our son to get beat up in school every day? François? Name him Marie Emma and be done with it. We can raise the boy to be a prizefighter and a rancher both if he don’t get beat to death by the school bully.

Miss you and love you so much. Can’t wait until this is done.

Your one and only,

Joe

PS Please make sure Casey is exercising Cochise.

 

Chapter 11

 

The next day’s testimony weighed heavily against the defendant. The new clerk in the stage depot placed Melissa Fischer there in the morning and Reverend Felcher said he had seen her in her green cloak leaving the church as he walked from the barn.

”I had just ridden in from meeting with the priest in the Catholic church about the dangerous condition in the cemetery. Another woman had been attacked there the week before and we were very concerned. I saw Mrs. Fischer rush from the church office. She had left off the box of invitations she had promised to write.”

”Did you speak to her?”

”No, I was too far away. But I recognized her bright green cape and she got into a buggy with Stanley John.”

All this testimony demonstrated that Melissa was alive at approximately the same time Jack had left the house for his office.

“Adam, for once you can’t reason your way out of this! You couldn’t reason your way out of the mess Jack made for us and now you are not going to fix this either.” Joe raged. They heard the door of the office slam shut as Levi Victor left.

“Joseph! Stop right now!” His father reached through the bars and put his hand on Joe’s shoulder. Joe pulled away and continued his tirade. “ Don’t you see what is going on here? I’m stuck like a rat in a trap and you all can’t help me worth a lick.”

”We will get you out, Joe. Don’t give up!”

“Pa, it’s a done deal. Dylan Dennison wants to make a name for himself as the prosecutor and Judge Oakhurst is eyeing the size of my neck.”

He glared at Adam “Kate testified she saw me up at Fischer’s and you testified that you were with Jack all day. And half the town heard me threaten Melissa. That sure sounds like my neck is in the noose!” Joe raged.

“We know Jack’s got an alibi and it is my own brother!”

“It will be fine,” Meg argued. She was pale and her hair was pulled tightly back at the nape of her neck. The long trial was taking its toll on her. She insisted on being in court all day every day and sat in the first row of the gallery right behind her husband at the defense table.

“We’ll figure a way out, Levi is a good lawyer, the best in the state.” Adam said as calmly as he could muster.

”Didn’t you hear me, I’m going to hang!” Joe shouted.

Meg gasped and started to sob. What she had feared all along from the time she first fell in love with Joe was coming to pass. She was going to lose him. Part of why she had run from getting married to anyone was her irrational fear that she would always lose what she treasured just like she lost her father and sisters and her childhood home. Now it was going to happen.

”Pa, get her out of here, I don’t want her to see me like this.” Joe turned to the stucco wall and leaned his forehead against the cold surface and fought back his own tears. He hid his face in his hands and sobbed.

“No, I want to stay here with you!” Meg wept as Ben gently led her out of the cell area into Clem’s office.

“Go home Meg!” Joe hollered. “Just go home! All of you just go home!”