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

Word Count:  20,600

 

 

                              Sins of the Father, Sins of the Sons

 

The Final Conclusion

 

Chapter 1

 

Dear Mr. and Mrs. Cartwright,

As we discussed, I think it is Samuel’s best interest if he does not attend school for the duration of this horrible situation. This is the fourth fight he has been in this week. I cannot express my heartfelt sympathy for your family in this but Sam’s presence in school is a disruption to the educational process as well as the safety of the students and the teachers. His teacher will send all his assignment home.

As a member of the school board, I am sure you understand the profound responsibility the Virginia City Public Schools has for all of our students.

Sincerely

Laurence V. Dodd, Superintendent of Schools

______

Dear Adam,

It is with my sincere regrets that I accept your resignation from the school board. I hope that you will reconsider your position when this regrettable situation is resolved.

1. V. D.

_________

Monday Night

Will Cartwright had come to visit his family after dinner. They were sitting in Adam’s study discussing what had gone on in court earlier that day.

“If we could only find one good witness to prove Joe was somewhere else when Melissa was killed or that someone else came into that house. All we need is one substantial witness,” Kate said emphatically.

“Who?” Adam asked leaning wearily back in his desk chair. Kate poured him a cup of coffee and handed it to him.

“Trudy. Where is Trudy Magee? Wasn’t she still working for the Fischers?” Kate asked, “Where has she gone?”

Adam sipped the steaming cup.

“Has her father heard from her since she disappeared?” Kate asked Ben as she walked over to her father in law and placed his coffee at his elbow on the small table.

”Not a word since that one note saying she was on her way to San Francisco. She wrote it on the stage and gave it to the driver to bring to Shorty when he got back to Virginia City on the return trip.”

“Maybe she knows what happened that day,” Kate felt more and more sure that if they could find Trudy they had the key to gaining Joe’s freedom.” Someone should go hunt for her. Maybe she knows what happened in that house!”

Will was worried that the town was like a tinderbox ready to explode into a lynch mob. “I heard a lot of loose talk in the Altamont Saloon last night. I don’t think people noticed that I was there or they didn’t realize I was a Cartwright. Jack Fischer and his miners are stirring things up.”

”Stirring things up?” Adam looked at Will from his seat behind his desk. Ben’s face reflected his alarm.

“Jack Fischer was saying how Joe killed his wife, Adam. He said wouldn’t it be fine to save Virginia City the cost of hiring a hangman. That they should have a fun time stringing him up.”

”Stop!” Kate gasped. “Meg might hear you. She is upset enough with out this too.”

“Shorty wants to go hunt for her.” Ben reported.

”Can you spare him Pa?” Adam asked. Most of their men were loyally attending to the fall round up and with everyone busy with Joe’s trial, work on the Ponderosa was being neglected by Ben.

”Can I keep a man from hunting for his daughter so my cattle gets tended. I don’t know how Shorty will manage in San Francisco. He’s just an ordinary cowboy who is used to riding the range. Shorty doesn’t know his way around a city. I got Hays ramrodding the cattle roundup and the men are working real hard. They say they want to help Joe out as much as they can by keeping up with things.”

Adam looked at his father. Ben was clearly touched by the support his hands were giving the family, “I’ll go. There is nothing much I can do here. Maybe I can help find Trudy. I’ll have all the Stoddard and Bruce staff in San Francisco out pounding the streets.”

Will took his coffee from Kate and poured some cream into it.

“Ben, we can’t let Joe be alone anymore. One of us has to be with him going back and forth from court and in the jail at night.” Will said firmly. He feared that drunken vigilantes looking to take the law into their own hands would attack his cousin.

“What do you mean?” Kate said pouring herself a cup of coffee and sitting on the settee next to Ben.

”Joe’s spirit and will to fight is fading fast. I know how it feels to think you are going to hang or be stuck in a prison for the rest of your life,” Will said softly. He had never really gotten over his horrific experience in Boston when his wife had set him up to be accused of a murder he had not committed. Only his cousin Joe had unwaveringly supported his claim of innocence and Will had never forgotten that.

”Beck won’t let anyone be in the jailhouse at night with Joe. Clem is lucky that Tucker lets him in to do any Virginia City business.” Ben shook his head. He was increasingly fearful for his son’s safety, as was Levi Victor. “Levi keeps filing complaints and protests but to no avail. The Marshal won’t even let Joe get a haircut or take a decent bath. He won’t even give him hot water to shave. Did you see him in court today? He is beginning to look like the murderer they are claiming he is. ”

“What is he trying to prove?” Kate shook her head. She remembered the time long ago when she kicked Tucker and bit him while he held Little Joe down in the schoolyard. “I would like to give him a swift kick in the pants.”

“Tucker Beck can’t control if I hang around the livery behind the jail for a few hours, or walk around the street in front of the jail or have a beer in Sam’s bar across the street,” Will said firmly. “We can’t let Joe be alone and unprotected.” None of them said the word but all of them feared a lynch mob breaking in and seizing Joe.

“I agree. One of us needs to be around him all the time,” Adam suggested. “We need to keep watch.” He went over to the cabinet behind his desk and drew out a decanter of brandy and poured some for each of them.

”I have a few carpenters that work with me and a couple of boys from the fire house that we can count on if things get difficult,” Will said taking a swallow from his glass. “I would hate for it to get to that.”

“Phil Bartlett will pitch in too. He already offered.” Kate said.

“Can’t we do anything more? We have to do something,” Sam walked into his father’s study. He too was getting more and more scared for Joe’s welfare. Sam had just helped Meg put Eric to sleep.

Everyone in the mute child’s small universe was worried and busy and he was reacting badly to the confusion. In addition, he had hardly become used to living on the Ponderosa and now he was living in the hustle bustle of Adam’s house in Virginia City.

Each night putting the boy to sleep got more difficult with Joe not there. Eric was devastated and could not comprehend Joe’s continued absence. The child wailed and sobbed and fought falling to sleep. He somehow thought that if he stayed awake, he could continue waiting for Joe’s return. Once he slept, Joe would be gone for another day or perhaps forever. Eric was totally unable to explain this to anyone and just cried more each night at bedtime.

The boy’s agitation was compounded by the difficulty that Meg faced. She feared losing her beloved husband and father of her unborn child. Meg was exhausted from sitting behind Joe all day in court and watching the testimony. She tried to keep a brave face on for her husband but when she came home each night wept with frustration as Eric cried in her arms. All the progress the boy had made in the past year since he had come to live on the Ponderosa had been totally lost. Eric was hardly speaking, barely sleeping and withdrawing into silence more and more each day.

“Sam Cartwright, this is a discussion for the adults.” Kate said. “Please leave the room.”

”We have to do more to get Uncle Joe back home. Much more!” Sam shouted, “ Eric misses him more than he can bear. He is still crying and Aunt Meg is rocking him and trying to get him calmed down. And nothing is working. Nothing! And Aunt Meg is crying too. You all have to do something! All you do is talk!”

Ben sighed aloud. “That child has suffered enough already and Meg needs her husband home with her.”

“What else can we do? Break Joe out of jail?” Will snapped. His hand shook noticeably as he held his amber brandy. Will was recalling his own long stay in jail when the only one who completely and unfailingly believed in his innocence was Joe. “Maybe we should!” Sam shouted in frustration.

“Should what? “ Ben asked. He was still lost in thought. His heart was breaking as he listened to Eric’s weeping upstairs. He feared for Meg’s health and the welfare of the unborn baby.

“Break Uncle Joe out of jail. We can do it you know!” Sam declared. He had worked out the plan in his head late at night when he was unable to sleep. “We can, I know just how we can break Uncle Joe out.”

”Sam Cartwright! I don’t want to hear you talking such foolishness, boy!” Ben growled. “Joseph will come home. He will be declared innocent in a court of law and that is that.”

”Go upstairs and help Meg with Eric,” Adam said firmly. He stood up and put his arm around his son’s trembling shoulders and walked to the foot of the staircase with him. “That is your job son. Let the adults take care of the rest.”

“I’m not a little kid, Pa! Don’t treat me like a kid.” Sam argued sounding very much like Joe at the same age. “Don’t send me away. I have a good idea.”

“Meg’s mother is arriving tomorrow.” At Joe’s request, Ben had contacted Emma Thackery to stay on the Ponderosa with Meg until after the baby was born. He was becoming more concerned that he would not be with her when her time came to give birth. “Go to sleep, Sam. Don’t you have school tomorrow?” Ben asked.

“No sir, I haven’t gone in a while.”

”What are you talking about?” Ben asked looking from Kate to Adam and then back again. He knew how important studies were to Adam. Kate slid her hand into her husband’s for reassurance.

“I haven’t gone to school in while, “ Sam said softly.

“Sam had too many fights and we thought it was best for him to stay home until this is all over with. He does his studies and keeps track of Eric.” Adam said looking Ben in the eye.

”Emily is tutoring him in Latin and making sure he is doing all his work.” Kate added.

Sam nodded. “I help Doc Martin too, Grand pa. It’s not like I am playing hooky. I’m really keeping up. I help Aunt Meg with Eric and at the Enterprise and Doc is teaching me biology and chemistry and.. and…” His voice broke. As much as he was trying to keep up a brave front, Sam was terrified for Joe’s safety. Adam stood up and pulled the boy into his arms as he burst into tears. Sam hid his embarrassment in his father’s shoulder.” Pa we have to help Uncle Joe.”

Eric’s crying got louder and more shrill and they all stopped talking. Ben couldn’t stand it any more and stood up and walked upstairs to see if there was something he could do to comfort his younger grandson as his oldest grand child sobbed in his father’s arms.

 

Chapter 2

 

Meg, Don’t call the baby after me.

James Benjamin or Mary is fine. What ever you chose is fine. Do what you think is best. I love you and will miss you forever, Meg. Things don’t look very good.

Joe

_________

Levi,

I would really appreciate if you arranged for Reverend Felcher to come by to see me. There are some things I need to discuss with Billy and you. There are arrangements I need to make if all this doesn’t go my way. I don’t want Meg or Pa or Adam to be too worried or know all this if there is no need. Katie neither.

I put some envelopes together with letters for the family if things don’t go my way. Make sure they get them if that happens.

Tell them to give Cochise to Casey Newkirk.

Joe

___________

Billy,

I guess you better pray pretty hard for me. I’ve been praying as hard as I can but I don’t think it is going to be enough.

Please make sure no matter what happens that Meg has the baby Christened and promise you won’t let it be named for me no matter what she says.

I don’t want my child to have a name that will cause a life of sorrow or embarrassment. .

If the worst happens, make sure I get buried by Hoss and my mother.

Don’t let Pa and Adam fall apart or Meg.

Joe

 

Chapter 3

 

Wednesday Afternoon

Ben Cartwright and his two daughters in law walked out of the dim courthouse into the bright sunlight. All three of them were worn out from listening to the endless testimony that was building up against Joe.

“Levi Victor will do the cross examination after lunch. Then they are adjourning until Friday. The administrative judge in Carson City has to review those requests Mr. Victor made about the marshal not letting Joe have visitors or even wash up properly. Don’t worry Meg. He will be able to convince the jury that Joe is innocent.” Ben tried to reassure his daughter in law even though he was not so confident. Meg nodded and said nothing. She was noticeably pregnant. Despite her mother’s urging her to stay home, she insisted on sitting in court just as she did all day, every day since the trial began. Doctor Martin argued with her that she was overextending herself and only allowed this if she went to bed immediately after court and didn’t visit with Joe in the jail.

”It’s one or the other, Meg. The courthouse in the day or the jailhouse in the evening. You have that new baby to consider.” Paul Martin demanded.

Joe had made Kate swear to look after his wife and Katie was doing the best she could under the difficult circumstances. For a while, independent Meg had refused her assistance. She and was still disturbed that the key witnesses who placed Joe at the murder scene were Kate and Nancy Foster. But by the last week, Meg was feeling exhausted and she finally gave in and accepted Kate’s assistance and realized that Kate and Nancy couldn’t lie. With her mother staying back on the Ponderosa to take care of Eric, Meg had spent the day in court and hoped to be allowed to visit her husband at the end of the day.

”Levi will pull the case together once he cross-examines. Joe will be back home very soon, Meg. Don’t you worry,” Ben tried to cheer her. Katie’s blue eyes met his dark worried eyes. She knew he didn’t believe one word he was saying. They all knew Joe was innocent but no matter how well Levi Victor was trying to prove it, but nothing was working. Ben felt his son was drowning in quicksand. No matter how hard he pulled at him, Joe was being sucked under.

Will was going to meet them at the cafe after he had walked back to the jail with Clem, Marshal Beck and Joe. He was growing more and more concerned with Joe’s despair and frustration at not being able to take care of his pregnant wife. The Cartwrights were also worried about the growing undercurrent in Virginia City. Jack Fischer seemed to be stirring up a lot of anger towards Joe and the rest of the Cartwrights. Both Phil Bartlett and Will had heard talk of a lynching bubbling around town.

A medium sized, older man approached the Cartwrights. He doffed his hat at the two women.

“I’m sorry for your troubles, Mr. Cartwright, “the man came up beside Ben. “I know your boy is innocent.”

Ben Cartwright stopped and looked at the nondescript man in the neat but worn suit. “Excuse me?” For an instant he didn’t know whether the man was being friendly or if Ben should be alarmed.

”I said that I am sorry about Joseph and the troubles you are having. I know he is innocent,” the man said sincerely. He put his hand reassuringly on the rancher’s arm.
”Thank you for your kind words.” Ben nodded looking at the vaguely familiar face. He knew the man from somewhere but with everything else that was going on Ben couldn’t quite place the man. “Do I know you? I’m sorry I don’t recognize you, sir.”

The man smiled warmly “I’m Jacob Dolman. I used to be a peddler down your way. Now I have a store over in Carson City.”

”Oh my goodness! I’m so sorry that I didn’t recognize you.” Ben smiled widely and the peddler shook his hand. ”Mr.Dolman!”

The Peddler smiled “ No problem, Mr. Cartwright. I had a beard years back. More hair too.” He pointed at his chin and then at the top of his head. “I had to come by and offer my support.”

”Let me introduce my daughters-in law. This is Kate Cartwright, Adam’s wife.”

”How do you do, M’am? You have a mighty fine husband.”

”And this is Joseph’s wife, Meg,” Ben gently held Meg’s hand in his.

“Like I said to Mr. Cartwright. I know Joseph would never kill anyone. Not a man or especially a lady. I know that for sure. That judge just don’t know what he is doing.”

”Joe is innocent,” Meg said emphatically.

“The judge doesn’t know what he is doing,” Kate repeated Dolman’s observation.

“Maybe he does. Maybe he knows he wants to give Joe a rigged trial,” Meg said.

“I pray every night that the jury sees that too.” Mr. Dolman responded.

”Oakhurst is an embarrassment to the judicial system.” Kate wrote an editorial in her mind but knew that printing it in the next day’s Enterprise could only make Joe’s situation worse. She would bide her time.

”The Peddler once saved my life girls, that time I got bushwhacked. Years ago. We had some poachers and they shot me right off Buck. Mr. Dolman found me and brought me back to the Ponderosa.”

”Adam said he and the boys thought you got killed. I remember Mim wrote to me about it Ben,” Kate added.

Ben nodded.

“They did indeed. Those fine boys of yours went off to catch the villains who shot their daddy. Your son, Joe found him.” He looked at Meg. “Your husband, Mrs. Cartwright.”

”Joseph certainly did.” Ben nodded. He remembered how worried he was until each of his boys returned home. First Adam rode into the Ponderosa, then Hoss. Each son had found their quarry but neither suspect had shot their father.

“Joe found him,” Kate repeated. “He was the last to return home. Mim was there when Sheriff Coffee told Little Joe that Ben was still alive.”

”Joe found that shiftless coward, he did indeed. And he didn’t kill that man even though, at the time he was sure you were dead, Mr. Cartwright. Most men would have killed the skunk and taken their revenge.”

Ben nodded remembering the awful, endless wait until Joe returned home and reported that he had turned the man in to the sheriff for trial.

“Joe did that?” Meg whispered. She had never heard any of this story. It always surprised Meg at how many stories she hadn’t heard about her husband. It seemed as if Kate knew every detail of Joe’s life and Meg was always learning more.

“Yes M’am. He was hardly more than a boy at the time.”

Katie nodded. “It was so long ago, Meg. I was still living in San Francisco then.”

”Joe didn’t take the law into his own hands no matter how dismayed he was. That’s not the only reason I know for sure, your son couldn’t have killed that woman. There was that other time too, Mr. Cartwright, ladies.” He shifted his hat from hand to hand.

”What other time, Mr. Dolman?” Kate asked. This time Meg was not the one who didn’t know the story.

“That time he was with me. I was on my way up to Placerville and Joe met up with me when I had camped for the night. He said he was also going up to Placerville. He was on his way to see his lady friend. Joe sat by the fire all that night and told me how pretty his sweet heart was and how much he loved her and all. He truly hoped to marry her but she kept putting him off. Joe had a fine pretty china gee gaw for her. “

Meg smiled picturing the scene, trying to think of how her Joe looked sitting near the campfire telling stories about her in the dark.

“He was so pleased with the trinket he pulled it out for me to admire it. Some wicked mean outlaws tried to rob me and Joe saved my life.”

“He did?” Ben never even knew this happened. Meg put her hand to her mouth. She desperately missed her husband and hearing the story about him just made her miss him all the more. Kate wrapped her arm around her sister in law protectively and Meg did not pull away.

“Oh did I speak out of turn? I assumed that the gal was you, Mrs. Cartwright,” Dolman tipped his hat apologetically to Meg.

“It was. You didn’t speak out of turn. I just miss my husband so much,” Meg said softly. Ben put his arm comfortingly around his pregnant daughter in law. Meg was cocooned between Ben and Katie.

“Don’t worry, Mr. Dolman. The one Joe was visiting was Meg. She lived in Placerville. “ Kate reassured him as she squeezed Meg’s hand in hers. “Tell us the rest of the story, sir.”

“Now I can see why Little Joe was so smitten, M’am. No disrespect meant.” Despite all that had been going on, Meg Cartwright was a very beautiful woman.

“We all know Joe was and is blind in love with our Meg here,” Ben smiled at Meg.

“Joe could have killed those saddle tramps and no one would have faulted him one bit. I had shot one …one rode off and vamoosed from his pals like the coward he was. They was foul people, not even loyal to each other. Never heard such language and cursing and threats before nor since. They was insane the entire night cursing and threatening even after we tied them up. Spitting and ranting too. But your Joe held his temper. Even after one bit him.”

“Bit him?” Ben raised his eyebrows.

”Told you they were disgusting crazy people, those folks who tried to hold me up. We brought the wounded one in to the doctor and the other varmint to the sheriff. But your Joe held his temper and he helped me bring them into Silverton even if it meant being a day late and all.”

Meg clearly remembered the time. “Joe was a day late. He wired me from Silverton and I couldn’t imagine why he was there. It was so out of the way for him to be there. He showed up at dawn on the day of my birthday. “

“I wouldn’t have been here to tell this tale had it not been for Joe. He never lost his temper with those outlaws. And one was the nastiest gal I ever did see.”

”A woman?” Ben asked. “A woman? I didn’t realize one of the robbers was a female.”

Dolman nodded, “The one that bit him and cussed the most was a young girl. The worst one of the gang she was. Nastiest female I ever did see. Joe never would hit her no matter what rude disgusting thing she did. She kept on about the little figurine that got broken like she was set on getting him to loose his temper. She just went on and on all night.”

”What happened?” Kate asked.

“He did just what I said, brought that riff raff into Silverton to the sheriff, just like his Pa taught him.”

Ben smiled with pride at his son’s good character.

”I let him pick a bit of jewelry for his lady. He really saved my life that night.”

”A pin? A pin with blue stones in the shape of a horseshoe.” Meg asked.

Dolman nodded. “That was it. He said maybe it would bring him a bit of good luck at cards and some luck with that pretty lady of his. Joe said, maybe she would finally say ‘yes’ when he proposed.”

Meg moved her lapel on her blue coat. They all saw what she had adorning her dress, the sparkling pin that Joe had given her so long ago. “He told me it was for good luck.”

“Let’s hope it is,” Kate said softly. “It worked on Joe convincing you to get married.”

Meg smiled. “It brought him luck at cards too.”

Ben looked at the peddler for a minute. He smiled as an idea came to him. “Jacob, would you be willing to tell this story in court?”

”Yes! Mr. Dolman, please. The prosecution keeps parading out people who tell how Joe lost his temper or was fast to fight with Jack Fischer when Jack picked a fight with my husband. Please,” Meg urged.

Dolman smiled, “I would be proud to help in anyway I could, Mrs. Cartwright. Joe saved me that time. I always hoped to return the favor. I would be more than glad to help you folks in anyway I could. ”

 

Thursday afternoon

“Drive the rig over to the livery, Sammy.” Doc Martin directed as they pulled up to his office. “And take those chickens and put them in my coop behind the office with the rest. Unless Zeb in the livery can use them.” Doc Martin had been given three fat hens in payment for a medical bill. He already had more chickens than he knew what to do with but that was all the new homesteader north of the Truckee could afford.

Just as Doc Martin started to climb out, Casey Newkirk galloped up to them on Cochise.

“Doc you gotta come quick. Mrs. Meg is having her baby. Right now. She’s out on the Ponderosa and Mrs. Thackery sent me to bring you back.”

Paul Martin stayed in the buggy and directed his helper “Sammy you mind things here at the office. I’ll go out by myself. Tell your parents.”

“Pa won’t get back until late tonight or tomorrow. He wired us before he left San Francisco.”

”Well just tell Kate and tend to those chickens.”

Sam nodded and jumped out of the Doctor’s buggy with the wooden chicken crate balanced in his arms. Paul Martin snapped the reigns and headed out of Virginia City as fast as the horses would trot. That baby was a few weeks early but the physician was not surprised in the least. Joe Cartwright had been one of the first babies he delivered in Virginia City and he had come early too. Besides, with all the strain of the trial, he was not surprised that Meg hadn’t gone into labor in the middle of the courthouse.

Casey lingered and slid off his winded, lathered horse. “Sam, that baby is gonna be born and Joe is still sitting in jail.” He said grimly. “Meg was really weeping and having a bad terrible time.”

”My grandfather is there. And Meg’s mother. “Sam countered. He instinctively knew that Meg only wanted her husband. Meg only wanted her husband, just like the time Sam had found her when she lost the first baby. She only wanted Joe to be there with her.

“She said Uncle Joe would be out of jail and home… He promised her.”

“He isn’t home and the baby is coming right now.” Casey said sadly. “She is crying for Joe.” Casey pulled a ring of keys from his jacket. “These were Dean’s from when he was a deputy. I found them with my brother’s stuff.”
”What do you mean?” Sam asked nervously eyeing the keys. Casey had told him about the keys weeks earlier. He insisted they could open the door to the jail with Dean’s keys and set Joe free.

“If my brother was still alive and he was still the deputy, Dean wouldn’t have let Joe be stuck in jail. Dean would have let him go with Mrs. Meg having the baby. I got those keys Sam, we can do it. We can bring Joe home just like Will Cartwright said we should.”

“We can’t Casey. My grandfather said it was not the right thing to do.”

“Sure we can. My brother Dean would want us to set him free. He was Joe’s best friend.“ Casey urged.” Get rid of them chickens. Then you go get the two horses your Pa has in the barn at your house. I’ll meet you in the alley behind the jailhouse. You bring the stuff you told me about. That stuff from Doc’s store room.”

”Do you really think?” Sam was beginning to agree with the older boy. He had promised his uncle to take care of Meg and he knew Meg needed her husband right now.

“Sam, you get what we need inside the Doc’s office first and then get the horses. By then Cochise will have rested enough to ride back.”

Sam bit his lip and looked around. . Almost all the businesses were closed for the day. Only the saloons were open and their customers were not paying attention to anything going on outside. It was past dinnertime and the streets were quite empty. No one would really see them gallop out of town with Joe.

”Let’s do it Sam. Just like we said we would.” Casey urged his friend.

“But Casey we were just talking. I don’t know if we should really do it.” The boy knew they had to help Meg but was not sure if this was the way.

“Meg was having a real bad time, terrible time crying her heart out for Joe. She really needs him, now. She only wants Joe home to see the baby and the baby is coming right now. Right now Sam. That baby won’t wait for no judge to make up his mind. We both promised Joe we would watch out for her and Eric too. “

“But, I’m not sure,” Sam hesitated. He wished their fathers were near to help them but Hays Newkirk was still on the cattle drive and Adam had gone with Shorty to hunt for Trudy in California. He had wired the family two days before saying he was on his way home.

“We promised, Sammy. Joe has to be with Meg. It will work. “

“Joe really wants to see the baby,” Sam started. “You sure no one will get hurt?”

”Sam! You help Doc Martin all the time. It will work. Mrs. Meg really is in a bad way missing. Joe. We gotta do it. She could die from a broken heart.”

“Die? Meg could die from a broken heart?”

Casey nodded. “She is mighty sad missing Joe. Women die like that Sam.”

“OK, lets do what we planned. Now!” Sam couldn’t let anything happen to his aunt. He had sworn to Joe he would watch out for her and Eric until he got home. The two boys ran inside Doctor Martin’s office and pulled a few items from the shelves. Sam quickly followed Casey out the back door. He could here the jangling of Dean’s keys in Casey’s pocket as he climbed on the back of Cochise behind Casey.
”Let’s go.” Sam said.

“You sure?” Casey asked as he kicked his heals into the horse.

“Let’s go,” Sam answered firmly. His heart was pounding in his chest but he knew he couldn’t let Aunt Meg die from a broken heart.

 

Chapter 4

 

Clem Foster was in the quiet sheriff’s office. He was pulling down some of the out of date posters tacked up on the board wall. He heard the door open behind him and assuming it was Tucker Beck he continued with his chore. “Back so soon Tucker?” Clem asked. Foster was annoyed with Tucker’s cold intrusion into his running the Virginia City jail house and didn’t even bother turning around to face him. No one answered and Clem repeated, “Back so soon Tucker? Or ain’t the food in the café good enough for a Federal Marshall?”

“It isn’t the marshal, Mr. Foster. It’s me.” Casey Newkirk answered.

Clem Foster turned around assuming the Ponderosa hand had come by to visit Joe Cartwright or bring him some clothes or food.

“Casey? Did you come by to visit Joe?” Suddenly he realized that the fair-haired boy had his gun pointed right at Clem’s mid section.

“Drop your gun Mr. Foster. Casey Newkirk said pointing his pistol at the Sheriff.

Reaching down with one hand, Clem put his thumb and forefinger around the butt of his own pistol. He pulled the gun slowly from his holster and held it away from his body for a moment so Casey could see it. Then he dropped the gun to the floor. The pistol hit the floor barrel first, causing the gun to skid across the floor and under the desk.

“Now what boy? You done with your fooling around? Marshal Beck is gone for dinner. If you hurry up I can let you visit Joe a couple of minutes before he gets back with Joe’s food.”

”No sir, Mr. Foster. I don’t want to visit.”

“Then what do you want Casey? Did you bring Joe fresh clothes?”

”No sir, we are breaking Joe out of the jail and we are taking him right now.” Casey stepped forward and moved threateningly toward the surprised sheriff.

”Are you crazy, son?”

”No sir. Mrs. Meg is having the baby and we are breaking Joe out. Now!” Casey looked straight at him. His gun hand was held steady and aimed at Clem’s gut. After his brother Dean and Hoss were killed,Joe Cartwright had taught him to handle a gun. Casey Newkirk had learned his lessons very well.

”Casey! Quit your foolin’!” Clem was getting annoyed and just a bit nervous.

“We ain’t fooling,” Casey said resolutely.

“We? Who else is in on this joke?”

“Me!” Sam declared as he came our from behind Casey.

“Sit down at your desk,” Casey ordered the sheriff. He nodded to Sammy.

Clem reluctantly sat down on the battered wooden desk chair that had been used by Roy Coffee. Sam quickly walked behind the big man. Holding his breath Sam Cartwright put the ether soaked cloth on Clem’s face and held it there for a few minutes until the sheriff lost consciousness.

He and Casey were going to bring Uncle Joe home to Meg.

 

Chapter 5

 

The room was very quiet. Joe continued to mindlessly stroke the back of Meg’s hand with his thumb as she slept soundly in their bed. Eric lay sound asleep on the floor near his feet, covered by a blanket. The little boy had insisted on staying glued to Joe from the minute his uncle walked into the house.

The doctor had said Meg had a difficult long labor but she would be fine. Kate had also explained that Meg was just worn out and needed to sleep. Joe wasn’t quite sure if he should believe their simplistic explanation. He had never paid much attention to any other women who had just given birth. It wasn’t that he hadn’t been close anyone to who had a baby. Kate had two babies since she married Adam and other friends or neighbors had babies, but Joe was not concerned with the labor or the mother’s circumstance.

Joe was just happy to celebrate the baby’s birth and slap the new father on his back and toast the infant. This was his wife, his Meggie. He was the one who should be getting slapped on the back and buying a round for the men in the Silver Dollar to celebrate.

Instead, Joe was hiding from a posse and trying to figure out how he was ever going to be with his wife and child ever again.

He sat and stared at Meg’s beautiful face, trying to memorize ever feature, the slant of her cheekbones, the way her dark eyelashes looked against her pale cheeks. Joe reached over and gently brushed a loose strand of blonde hair from her face.

The baby slept on the other side of the room, swaddled cozily in the cradle that had once been Joe’s own.

“Joseph?” Ben whispered from the doorway.

His son didn’t move as Ben tiptoed into the room. He carefully stepped around Eric and put his hand gently on Joe’s shoulder.

“She’s sound asleep, Pa.” Joe didn’t move. “I promised her I would never leave her Pa. Never. And now I can’t keep my promise,” His eyes filled with tears. “Pa, I promised her. I gave my word.”

Ben looked at him, and then looked away. He knew what Joe was saying was completely true and he dreaded what he had to tell him.

“You always raised us that a Cartwrights word is his bond, his honor, Pa. I gave Meg my word that I would be home when the baby came.”

“Levi is downstairs. With Clem Foster, Joe. They want you to turn yourself in. Adam’s stage pulled in just after you broke out and he brought them all out here.”

“Is Clem all right?”

Ben nodded. “He has a good knot on his head where he banged it when he fell over. Sam used ether that he stole Doc Martin’s office. Did you know that?”

Joe shook his head. “No sir. Clem was unconscious on the floor when I ran out. Casey said he used Dean’s keys to open the cell and Clem was just laying there.”

“They want you to turn yourself in.” Ben repeated. “Adam agrees.”

Joe looked up at his father but his expression was still and distant. “I can’t leave her, Pa. Not now. Meg needs me. Eric and the baby too. I can’t.”

”Joe, you have to turn yourself in. There is a posse set to ride out at sunrise. They’ll looking for you…”

Joe stood up. “I’ll hide out Pa. I’ll ride to Mexico…” he started to tell his father what he had been thinking about all the time he had sat next to his slumbering wife and newborn son. “I’ll find a place down there and when Meg is stronger…”

“They will shoot you down, Joe.” Ben said grimly. “Levi said Jack Fischer is stirring everyone up. He says that this proves you did the murder and half the posse is made up of his drunken miners. The other half is drunks and saddle tramps looking for a wild time. Beck won’t be able to keep a lid on that type of wolf pack with Jack as the leader.”

”I’ll leave when it is still dark and ride fast, Pa.”

Ben cut him off. “The posse is looking for Sam and Casey too for breaking you out. The judge swore out a warrant for them too.”

”But they are just little kids.”

”Sam is fourteen years old and Casey is going on seventeen. You have to turn yourself in, son. They want all three of you and if you try to hide, they might gun you down. You and the boys too. We have no choice, Joe. They will come after the boys, if you don’t turn yourself in.”

Joe frowned at the figure in the bed, then back at his father. “I want to stay with her and the baby, Pa. I have to. Please, just a bit longer.”

“We have no choice, son. If you don’t promise Clem that you will turn yourself in come morning… Joseph, they’ll kill you if you run. They will shoot you down.” Ben would never let that happen. “They want to lynch you Joe and Fischer is stirring them up.”

Joe nodded. He walked over to the cradle and picked up his sleeping newborn son and clutched him to his chest. “At least I got to see him one time, Pa. Do you think he might remember me?” Tears streamed down Joe’s face. He wiped his eyes on his shirtsleeve. He was absolutely sure he was going to be convicted and go to the gallows for the murder he didn’t commit. “I didn’t do it, Pa. Make sure he knows. Make sure my son knows I was innocent.”

Ben stirred a little. “Go to bed, Joseph. Let Levi do what he needs to do.” He said hoarsely wrapping his arms around Joe and the tiny, newborn baby.

“I’ll just sit here Pa. The morning will be here soon enough and I have plenty of time to sleep come tomorrow; come next week.” Joe pulled away from his father and handed him the sleeping baby. Then he pulled the upholstered armchair as close to Meg’s bed as he could. He took his son from back Ben and sat down holding the sleeping newborn in the crook of his left arm and holding Meg’s hand with his right hand.

“Joe. I’ll go down and tell them you will turn your self in. Sam too.”

Joe nodded. His eyes never moved from staring at Meg.

Ben wasn’t going to tell Joe that Casey Newkirk had lit out and disappeared as soon as he had brought Joe home. He bent over and gathered sleeping Eric into his arms and quietly carried the boy down the hall into his own bed. It was the first time the boy had slept through the night since Joe had been arrested.

 

Chapter 6

 

“Joe?” Meg looked up at his face. Her voice was uncertain. “Are you really here or am I dreaming?”

“It’s me,” Joe smiled as bravely as he could.

”What are you doing here?”

”Watching you sleep. Do you know how much I cherish you, Meggie?” He gently picked up her hand and kissed it.

“How long have you been here?” She smiled weakly.

“All night.”

”I thought I dreamed that. Did you see the baby?” She stared glassy eyed at him, still not quite awake and definitely not comprehending what was going on.

Joe smiled despite all that he was facing “He’s beautiful, Meggie. More beautiful than anything I ever saw in my whole entire life. We have a son.” He leaned into her and kissed her, smoothing his hand across her soft cheek.

She pulled his hand into hers. “How did you get here? Did they let you go?” Her eyes widened as she struggled to sit up. Joe gently eased her up and carefully arranged the pillows behind her.

“In a way, for a little bit to see how you are. To see my son,” Joe lied.

Suddenly Meg flung her arms around his neck in a fierce hug as Joe’s arms went instinctively around her back. They clung to each other desperately. She was awake enough to realize her husband was sitting next to her bed and not sitting in the Virginia City jail. As she clung to him, Meg knew for sure something was terribly wrong if he was sitting beside her on the Ponderosa.

“I saw Casey come into town to get the doctor for you…” He admitted “I ran off, Meg. I broke out of jail. Sam and Casey came into the sheriff’s office and they knocked Clem out and I went back with them. “

“You escaped from jail?” Meg gasped.

“I had to see you Meg. I had to come home and see you and see my son. Even if it is only once.”

Seeing her fear, Joe soothed his wife. “Don’t worry, Meggie, everything’ll be fine.” Reaching out he touched her arm, feeling her tremble. “I have to go back.

”Oh no! “She started to cry. “Don’t go! Don’t leave me. Please Joe, don’t leave me.”

Wrapping his arms around his wife, he held her close. Sinking his face into her neck, Joe was not sure if he was comforting Meg or that she was comforting him. They both realized it really didn’t much matter and clung to each other.

“I’m sorry Meg. I really made a mess of every thing. I have to go back. They are sending a posse out for me. For the boys too. I’m sorry ‘He wept as her tears washed his face.

He picked up his son from the cradle and hugged the sleeping infant to his chest.

Joe hefted the baby into the air over his head willing the infant to open his eyes and see his father’s face. It might be the first as well as the last time his son ever set eyes upon him.

He slid the baby into Meg’s arms. Pulling her gently to him, Joe lowered his head to place a gentle kiss to her lips, straightening slowly to move from her embrace.” No please don’t go. Not yet” she sobbed.” Please don’t leave. What’s going to happen?”

“Don’t know,” Joe’s voice cracked. “All I know is how much I love you. I’m sorry, Meggie”

The last thing Joe Cartwright saw before turning quickly from the room was his wife clutching their newborn son to her heart and sobbing. The sky was almost imperceptibly lighter – nearing morning, now.

 

Chapter 7

 

“Promise me you will take care of Meg and the baby. “ Joe looked straight into his brother’s eyes. They could all hear her wailing upstairs as her mother and Kate tried to comfort her.

”Of course Joe.” Adam nodded.

“Promise me, Adam, for as long as need be,”

“I promise, for as long as need be,” Adam swore to his brother.

”Uncle Joe, you’ll be home soon,” Sam said seriously. He had really made a mess of things. How could he have been so stupid? How could anyone ever forgive him and Casey?

“Pa promise me you will take care of my wife and my son! However long it is,” Joe said insistently staring at them. “How ever long. No matter what happens.” Joe pleaded.

For the first time Adam and Ben realized that Joe was afraid he was going to be convicted and then hung for murder. Sam and Casey breaking him out of jail had only made things worse.

“No matter what, Little Brother,” Adam put his hand on Joe’s shoulder and tried to calm him.

”Joe, we better go,” Ben sighed. He knew they had to bring Joe back into town, to jail, just as he had promised the law.

“I’m so sorry, Uncle Joe,” Sam started to weep. Joe pulled him into his arms.

“You didn’t mean to make a problem, Doc. I should have stayed in jail where I was. I’m a grown man and you two are just kids. I should have known better.”

Sam clung to him crying. Joe put both hands on the boy’s shoulders and held him at arm’s length. He lowered his head slightly so that his hazel eyes were in line with Sammy’s brown eyes. Sam was almost his height.

”Make sure you tell Casey what I said, Doc. You both were wrong but I was more wrong to follow after you. I should have stayed and told you boys to get lost.”

Sam nodded and wiped his eyes on his sleeve. “I’ll take care of Aunt Meg too. And Eric and the baby too.” Sam had never been more scared in his life. He was sure that he totally ruined his uncle’s chance of acquittal on the murder charges.

Adam stared at his son. He started to say something but Ben put his hand on Adam’s shoulder and squeezed firmly. “Later Adam. We both will deal with the boy later. Now let’s get your brother back into Virginia City before the posse gets here. Levi said we would have him back at sunup.”

Joe smiled weakly. “I guess we better head out.” He looked around the house he had been born in for one last time as he headed for the front door. For an instant, out of habit he reached for his gun belt coiled on the hallway console. Ben put his hand firmly on top of Joe’s and halted him.

“No gun Joe, unarmed.”

Joe smiled weakly at his father realizing what he had done out of habit. “No guns, Pa” He bit his lower lip and nodded in agreement.

The four Cartwrights walked outside to the horses that were tied on the hitching rail.

Joe threw himself on Cochise’s back and galloped off in the direction of Virginia City, but not before glancing back at his father, his brother and his oldest nephew. “You sure it would ‘t be better if I rode the other way, south towards the mountains?” He had thought for a while to take off for Mexico. He could send word to his family and Meg and the children could join him after the baby was big enough to travel.

“No Joe, you are doing the right thing, Levi said he and Clem would meet us up here and ride with us into …..” Adam never finished the sentence. A shot rang out from the hillside above the road.

“Aaaah!!!” Joe cried out throwing his hands up in the air. His hat flew off. Adam saw him swaying in the saddle he fell from his horse, hitting the ground hard. Joe rolled down the slight incline.

Gathering his feet under him and using the ground as support, he attempted to push himself upright. His head swam, dizziness caused the ground to rise up towards him, and then recede. Joe’s leg’s wobbled and he fell back, face down to the ground.

“Uncle Joe!” Sammy screamed. The boy leaped off his horse and dashed to his uncle who was lying where he fell. He gently rolled him onto his back. His hair was full of blood. Blood was trickling from a cut across his cheekbone and from a corner of his mouth. Joe’s hazel eyes were half open, staring at nothing but the sky.

“Joseph!” Ben jumped off the back of Buck and ran over to his son crumpled on the ground.

”Pa! He’s dead.” Sam looked at the blood on his hands. He jumped to his feet, throwing himself into Adam’s arms.

“What the hell did you do?” Clem grabbed the rifle from Stanley John Fischer with one huge hand and shoved him to the ground with the other. “ You damn fool! Joe was coming back in. What did you shoot him for?”

”He killed my mother!” Young Fischer yelled.

“He is accused of the crime. Accused! “Levi Victor hollered running toward his clients prostrate body.

“He ain’t been convicted Boy!” Clem bellowed putting knee in the middle of young Fischer’s chest to pin him down until he sorted out what was going on.

“I save you the trouble of a trial!” Stanley sneered from the ground. Clem stood up and drew his gun and aimed the barrel at Fischer.

“You killed him! “ Sam screamed dashing towards Stanley. “You killed my uncle,” Sam flung himself on top of Stanley Fisher and started punching him in the face.

 

Chapter 8

 

Joe urged his horse to go faster, he wanted to put as much distance as possible between his pursuers and himself before nightfall. He was not going to hang for a crime he didn’t commit. He would ride to Mexico and when got settled he would some how get word to Meg and she would join him. He would settle somewhere, he didn’t know where, and get word to his wife.

The tall green pine forest was now a rocky, dry desert. So dry, his mouth ached. Joe couldn’t remember how he got where he was but he knew that he had to keep traveling south. Wiping his face with his sleeve, Joe stopped to take a drink from his canteen, finding it almost empty he cursed. He was going to need water soon and finding it would set him back; and also allow whoever was chasing him, time to catch up.

Kicking Cochise into a run, Joe attempted to travel on but the horse was too worn to go any further. He would have to stop somewhere soon, to water his horse and fill his canteen. The heat was oppressive and Joe longed for a drink. His mouth was dry and the canteen somehow was filled with gritty hot sand. That made no sense at all. How could the canteen fill with sand? His mouth was filled with sand. His eyes burned and his head throbbed.

Looking up at the burning yellow sun he tried to decide which direction he was headed in but some how no matter what he did he couldn’t decide what direction he was traveling in. The heat of the late afternoon sun seared through him like a fire. He had never felt such heat before. He felt like he was on fire. He was burning hot and he wanted some water.

He climbed off his horse and looked around searching for signs of a posse. In the distance he spotted a small cloud of dust, it only looked like one rider. But as he watched the cloud got bigger and closer. It wasn’t just one rider. It was an entire posse. They were coming fast, faster than he had every seen horses approach, faster than a steam train. There were hundreds of men, thousands galloping towards him. How could so many men be trailing him? He had never seen so many men ride kicking up hot dry dust. The ground shook like an earthquake.

Joe’s heart pounded. Something was burning his eyes and they felt like he couldn’t open his eyes no matter how hard he tried. He had not one drop of water in his canteen and he was choking on the dust in the air and sand in his canteen. He turned to remount Cochise but the horse was gone. Cochise had disappeared in the dust cloud, in the smoke, in the fire that was burning him. Joe tried to call for her but the words choked in his scratchy throat. He was all alone in the middle of the blazing desert and his horse was gone. The sun was hotter than ever and he was all alone and choking in the dust. Joe struggled for his breath as the riders approached. He turned to run and hide but he couldn’t move. His feet were trapped in some sort of animal trap, a wolf trap but bigger. The riders came closer and Joe was trapped like a rat in a trap.

“Well Little Brother, how does it feel to be dead?” Joe heard his brother’s voice.

Joe couldn’t understand what was going on. He tried to say something but his mouth was too dry and he started to cough. Someone held his head up just enough and he sipped something wet and cool.

“Well Little Brother, how does it feel to be dead?” Adam said as he sat down on the chair next to him.

Joe tried to figure out what was going on as he looked up at Adam’s face looming above him. The room seemed to be swirling around and rocking crazily. Joe closed his eyes and attempted to hold on to something so he wouldn’t fall over. He couldn’t move his hands and felt himself falling down hill.

“May be the only choice we have Pa.” Adam said to Ben.

“I don’t know. Let’s see how long Joe is unconscious before we decide.”
”We don’t have much time, “

Joe fell back into the blackness and the heat.

 

Chapter 9

 

Gently Ben pushed the door opened and stepped inside the dimly lit room. On the bed Ben could make out the still form of his son. Joseph was lying on the narrow bed, a pillow under his bandaged arm. The covers pulled up to his wrapped chest. “Pa?” Joe whispered hoarsely. He was finally coming to after being unconscious since just after dawn when the men carried him into the clinic.

Paul Martin stepped into the small crowded room and watched Ben take his wounded son’s hand. Joe lay motionless. Joe’s face was pale and waxy, his skin made translucent by the loss of too much blood.

“Joe, son… Can you feel me? Squeeze my hand, son.” Slowly Joe’s right hand closed weakly on his father’s hand. Ben choked on his tears, “Joe, can you open your eyes for me?” He watched his Joe’s eyes slowly open to stare absently his face.

“Pa?” Joe groaned. “Pa?” He blinked. The light hurt his eyes and he was having trouble focusing.

”Its me son, lay still.” Reaching out with a trembling hand, he brushed a knuckle gently down Joe’s battered cheek.

“I fell. Pa, I fell off the mill wheel,” Joe muttered incoherently.

Joe’s head was pounding and the painkiller the doctor had given him when he set his arm was making it hard to keep his eyes open. He thought he was in his bed on the Ponderosa after he had fallen fixing the mill wheel years earlier. Joe stirred slightly and moaned as the pain in his head and arm intensified as he moved to sit up. “I need water.”

“Be still son,” Ben repeated.

Doc Martin filled a glass with water and stirred in some medicine. “See if you can get all this into him, Ben.”

Ben nodded. He carefully held a cup to his son’s cracked lips and let him swallow a few sips of water. “Slow son, just a little bit more.” He could feel the heat radiating from his son.

“Meg?” Joe groaned as he slid his left hand across the sheet toward his wife’s side of the bed. He felt the edge of the mattress and not Meg’s warm softness. The bed was too narrow to be their bed he realized.

Joe still couldn’t figure out what had happened. The last thing he remembered was riding toward Virginia City. Then he was chased by dust across the Mexican desert. Now he was lying in a strange bed with shadowing figures lurking around him.

His head throbbed and his vision was blurred. Joe reached up to his eye and realized there was a thick bandage wrapped around his forehead and over one eye. “Meg?” Joe wanted to say more but his mouth hurt and his chest also. “Pa, where is Meg?”

”She’s fine. Levi went out to the house to explain what is going on. Her mother and Nancy Foster are tending to her and the baby. Meg is fine. The baby too. Lay still, Joe. You are hurt bad.”

“Watch those sutures Joe,” Doc Martin ordered as Joe touched the bandages. He gently put Joe’s hand back under the cover. “Ben don’t let him move around. He took quite a blow to his head.”

Pa?” Joe reached out for his father’s hand and held on to it. Ben squeezed his son’s hand gently.

”Finish the rest of that medicine, Joe,” Doctor Martin urged.

Ben helped him sit up and held the glass to his lips. Joe swallowed the dregs. It burned his parched throat as it went down and he started to choke. His father helped him sip some cold water and gently held him up a bit. Joe caught his breath and closed his eyes.

As he held his injured son in his arms, Ben felt his son beginning to relax. Joe was recognizing him. He would be all right. Doc Martin had been worried that the blow to his head would have caused severe damage.

He had a son. Joe remembered that he had a son and tried to say something but his mouth wouldn’t work. Every thing hurt him so much. “Water.”

Ben gave him a few more sips of cool water. Joe blinked his eyes and fought to figure out what was going on.

Joe caught his breath and closed his eyes. “The dance, tonight Pa. You got to let me go.” Then Joe realized what he was saying. He didn’t want to go to a dance. He wanted to go home to his wife. He had a son. Joe remembered that he had a son and tried to say something but his mouth wouldn’t work. Every thing hurt him so much. “Water.”

“Joe! Look at me!” Paul Martin ordered. “Who am I?”

”Don’t you know who you are Doc? Why are you asking me who you are?” Joe said groggily. “My Pa is sitting right there, ask him.”

Despite all that was going on, Paul Martin could help but laugh. “You always did things in your own way, Joe. Looks like he is going to be fine once he sleeps this off.”

“Yeah, let me sleep. Wake me up when Meg comes to take me home.” Joe muttered.

As he held his injured son in his arms, Ben felt his son beginning to relax. Joe was recognizing him. He would be all right. Doc Martin had been worried that the wound to his head would have caused severe damage.

Ben gave him a few more sips of cool water. Joe blinked his eyes and fought to figure out what was going on.

“Pa?” What happened?” Joe managed to whisper hoarsely. The room looked vaguely familiar but Joe couldn’t figure out where he was. Everything hurt so much. His head was pounding. His shoulder and his legs throbbed. His chest ached with each breath he took. He reached up again toward his head but his father held his hand firmly and told him to lay still.

“You men better clear out and let my patient get some rest.

“If my brother was a few inches taller or Stanley was a better shot he would be dead. A couple inches lower and we wouldn’t be so lucky. Adam still held Joe’s battered hat in his hand. He put his finger through the bullet hole in the crown. With one eye Joe could see Adam showing his father.

”Falling off the horse hurt him more than the gun shot” Joe recognized the voice. It was Doc Martin from the other side of the bed where he couldn’t see. Joe realized that he was in the back room at Doc’s office.

“We got the undertaker sending over the coffin.” Joe heard someone talking. A coffin? “Who died?” Joe whispered. He tried to sit up but his arm wouldn’t work. The motion made his head hurt too much. He felt like someone was sitting on his chest.

“That crowd is getting pretty angry,”

“Pretty angry? They are breaking windows and looking for blood, Phillie. That is more than pretty angry.”

Fischer is stirring them up. The miners are getting pretty rowdy, Adam. They are looking to use a rope.”

“Fischer is buying them all the whiskey they want and he has mighty deep pockets and the men are glad to drink it up.”

“We best get Joe out of here before we have a lynching,”

“What about the jail? Sam is still in the jail.”

”So is Stanley John. I don’t think Jack wants his own son in any danger from those drunks. Joe is in more danger here.” Another voice answered.

“Don’t know if he is up to being moved,” Doc Martin cautioned. “That bullet gouged out a pretty deep wound in his scalp and he has a pretty bad concussion and some broken ribs. I am still not sure how broken up he is inside from the fall. We shouldn’t be moving Joe quite yet.”

”Doc we can’t wait. We may not have a choice the way that crowd is being stirred up.” Will said insistently. “Doesn’t matter much how hurt he is if they break in intent on taking the law into their own hands.”

“What are we going to do Pa? We can’t let anything happen to Joe or Sam.” Adam had already made up his mind but needed to hear what Ben wanted to do.

What about Sam?” Ben asked.

“We have to get Joe out of here first, then Sammy. He will be fine with Stanley John in the next cell.”

It was quiet awhile and Joe wasn’t quite sure if it was just normal quiet or he had fallen asleep. He heard the door open and some more voices. A boy’s voice and a man’s voice.

“Pa!” Sammy shouted. “How is Uncle Joe?”

“I brought your boy over. I wish I could have done more.”

”Don’t you think it is too late for that? Adam growled.

”Adam, don’t…” Ben urged. “Sam, are you all right?”

“I’m sorry. Adam is right. I didn’t do a decent job. If I hadn’t interfered Joe probably wouldn’t be laying here shot. The least I could do is let your boy out of jail and bring him over here to be with you. “

“What are we going to do Pa? We can’t let anything happen to Joe.”

Joe could hear bits and pieces of discussion from the other side of the room as he drifted into consciousness. He still couldn’t place who all the voices were. Adam, maybe Will. His father. Someone else. The Doc. He recognized the voice of Doctor Martin. Phil Bartlett.

“Don’t move, Joseph. You tore yourself up pretty badly, “ Ben Cartwright said. “You broke some ribs too. The fall from your horse hurt you more than the bullet.”

“Who died?” Joe repeated. He tried to focus his eyes but couldn’t. He closed his eyes so the room would stop pitching and twirling.

“Joe, we will talk about it in the morning; right now the Doc wants you to lay still in this bed, do you understand?” His father had always been his solid rock, someone who he could depend on and trust during the worst times of his life. His father had always been there for him, just as he was now.

Joe nodded painfully. “Who died?” He opened his eyes a slit and tried to get them to focus. “Who died Pa?”

Joe could hear more voices from the other room. Joe could hear bits and pieces of discussion from the other side of the room as he drifted into consciousness again. He still couldn’t place who all the voices were. Adam, maybe Will. His father. Someone else. The Doc. Someone else came in and someone went out. He recognized the voice of Doctor Martin. Phil Bartlett. He wasn’t sure how much time had passed, if it was day or night. His head hurt and it was hard to breath with his chest aching.

“Don’t move, Joseph. Your arm is torn up and your leg, “ Ben Cartwright said. “You broke some ribs too. The fall from your horse hurt you more than the bullet.”

“Who died?” Joe repeated. He tried to focus his eyes but still couldn’t. He closed his eyes so the room would stop pitching and twirling in opposite direction from his stomach. “Pa help me sit up.”

“Joe, we will talk about it in the morning; right now the Doc wants you to lay still in this bed, do you understand?” His father had always been his solid rock, someone who he could depend on and trust during the worst times of his life. His father had always been there for him, just as he was now.

Joe nodded painfully. “Who died?” He opened his eyes a slit and tried to get them to focus. “Who died, Pa?” Joe repeated.

The room was pitching less. Maybe they were on a boat in the ocean. Did Paul move his office to a ship in San Francisco?

Joe could hear more voices from the other room. They seemed to be arguing something.

“It worked for me when I had to give those counterfeiters the slip. Ben got me out that way.” Will sounded confident of his suggestion.

“You were like Lazarus rising from the dead,” Adam commented. He sounded very far away.

”Jacob Dolman offered to help.” Clem Foster said. “I think the two of them will be safer out of Virginia City. On the Ponderosa. Dolman can hide them in his wagon.”

”We can guard them better on the Ponderosa then here. We can protect him and keep him safe.” Will Cartwright insisted. “You know we can, Ben.”

Pa we have to move him fast. Will said Fischer is paying for drinks for every miner and lowlife in town. He is stirring up a lynch mob as sure as we are standing here.”

“What about Sam?” Ben asked.

“He is fine. We have to get Joe out of here first, and Sammy.”

“But the judge has to sign the papers to let Joe get out of town on bail. That is what Clem said,” Ben answered. Joe was in enough trouble without him taking off again.

“Clem also said they may lynch Joe before the Judge gets back to town to sign the papers. Sent some one up to Carson to get them signed. At least Tucker is doing that much.”

The door opened and Adam quietly slipped in. Joe tried to look up at Adam but his head was spinning and his stomach tilting. He closed his eyes and tried to keep from falling asleep. “Who is dead?”

”Pa we have to move him fast. Will said Fischer is paying for drinks for every miner and lowlife in town. He is stirring up a lynch mob as sure as we are standing here.”

“But the judge has to sign the papers to let Joe get out of town on bail. That is what Clem said,” Ben answered. Joe was in enough trouble without him taking off again.

“Clem also said they may lynch Joe before the Judge gets back to town to sign the papers. The Marshal went up to Carson to get them signed. At least Tucker is doing that much.” “Pa?” Joe gasped as he tried to sit up. The pain from his broken ribs was more than he could stand and he fell back onto the bed coughing.

Ben stared at Joe lying helpless. He put his hand over his face and tried to decide what to do. He had always raised his sons to trust the law but this time it looked like the law was not going to manage to protect his son or his grandson.

Ben could hear the noisy crowds in the street below. “Let’s go, Adam. Let’s get them out of here.”

“So, Little Brother, how does it feel to be dead?” Adam Cartwright said as he wearily sat down on the chair next to the bed.

 

Chapter 10

 

Virginia City

“What if someone stops us on the road out of town? What if one of them really wants to look inside the coffin just to see if Joe is really inside? Philip Bartlett asked. He pulled off his wire rimmed glasses and tried to wipe them clean on his shirt tail.

“Can’t let them see an empty casket.” Adam said firmly. “Then they would know.”

“Do you think they would open up a casket?” Ben just wanted to make sure they got his son safely back to the Ponderosa with no more danger.

”Who knows? We have far too much to risk if that mob realizes that Joe is not dead. They will come hunting for him and string him up. Maybe come hunting for Sammy too.” Will Cartwright stood by the window behind Sammy. He put his hand protectively on his young cousin’s narrow shoulder as they watched the rowdy crowds gather down the unpaved street from the Doctor’s office. He felt Sam shiver.

The mob was getting more out of control. Bottles of whiskey were being passed around. A few were carrying burning torches and stirring up the crowd. The flickering orange firelight reflected in the store windows cast ominous long shadows on the side of buildings. Clem Foster had walked towards the crowd to try to disperse them but from Will’s vantage point it didn’t look like he was having much success.

Will saw a few of the Fischer miners come up to the crowd and start shouting. Johnny Sylvester and a red headed fellow that Will knew from the Rusty Bucket were at the head of the turmoil. The red head, Danny was carrying a stout rope coiled up on his shoulder.

Sam squeezed past William who remained mesmerized by the action in the street below. The frightened boy turned to Adam excitedly.

“Pa look at them. We can’t let them hang Uncle Joe!” Sam clutched at his father’s arm A fearfully and pointed at the angry drunk crowded seething below. “Pa you have to get Uncle Joe out of here, tonight. Right now.”

“The look like angry red ants when you pick up a rock,” Adam said seriously. He thought he had straightened the worst of this mess out by his trip to California with Shorty. He had arrived back home to discover his son had broken Joe out of jail to see his newborn baby and the situation was worse than when he left not only for Joe but the entire family.

“We have to get Joe out to the Ponderosa and keep him safe until the judge rules.” Phil Bartlett said simply. “Just get him out of town and onto the Ponderosa.”

”Clem is trying to settle them down but it doesn’t look like they are having much luck. Beck said he could have the governor send in the army to stop any lynch mobs or riots if Clem couldn’t keep Virginia City under control.”

“Martial Law?” Ben hated to see the army run a town but at this point it looks obvious that they had no choice. “Fort Mead is hours away. Even if Tucker and Levi get the governor’s support, the cavalry won’t be here before tomorrow.”

“This crowd won’t wait for morning,” Will insisted. “If the mob thinks Joe is dead and in the casket they won’t look for him in Dorman’s wagon.”

“A dummy…” Joe muttered in the adjoining room. He could follow the discussion in the next room but had closed his eyes. His head was pounding and the few words he spoke were an effort. Joe swallowed hard and repeated hoarsely,” A dummy.”

“That judge Oakhurst sure is a dummy, “Doctor Martin agreed as he checked the bandage on Joe’s head. The wound had finally stopped bleeding and the sutures looked fine. Joe’s face was swollen and bruised and his eyes were both blackening but at least he seemed coherent.

Sam stood in the door way between the small examining room where Joe lay and the waiting room were the rest of the men formulated their defensive strategy.

“No, Uncle Joe means, make a dummy. “ The boy turned to Adam. ”Pa like the dummy that you made that time you scared Mama.“

Adam looked at Ben and they both nodded. “For a dead man, my baby brother is pretty smart.”

”Quit joking, Adam.” Ben said firmly.

“We just have to construct that dummy so that if they decide to open up the coffin, they think there is a corpse inside,” Will Cartwright agreed as he walked away from the window.

“We have but one chance at this working. We have to do this right.” Ben said grimly. The idea of even a pretend Joe Cartwright in a coffin deeply disturbed him. But they had no choice. Virginia City was set to explode and they had to get Joe to safety.

“Better make it really so grotesque that they shut that coffin really fast,” Phil Bartlett suggested. “Where are the clothes Joe was wearing? Use them. We need it to be really ugly looking. Gory and disgusting.”

To shape the dummy’s body, Philip and Sam started arranging Joe’s bloody clothes and stuffing them with rags and straw and balled up pieces of the Enterprise.

”Too light! It needs more weight.” Will look around the Doctors office for something heavy to add. He grabbed a few sticks of split firewood and added them to the sleeves of Joe’s blooded shirt and the legs of his filthy torn trousers.

“What about Joe’s head?” Adam observed. He was energized by the task and dove in enthusiastically. “We need a head. Joe was shot in the head. Stanley John didn’t blow his head clean off.” Despite the seriousness of the situation, Adam Cartwright grinned. For the first time since this whole business started weeks earlier, Adam felt he was finally helping his brother even though his trip to California had even made some headway in finding Trudy.

That uncharacteristically crude and ghoulish remark by Adam was more than Ben Cartwright could handle. The weeks of trial and supporting his son and caring for Meg and Eric were becoming more than he could manage. Seeing his youngest son shot off a horse in front of his eyes and almost die in his arms was more than he could manage. He went into the other room ostensibly to get some fresh water for Joe but in reality Ben had to rinse off his own face and sit down with his head between his knees. It was all getting to be too much for him to bear.

Doc Martin quickly followed his friend to make sure he was all right. He poured Ben a large measure of brandy and stood next to him while the rancher drained the glass. The other men busied themselves building the grotesque dummy inside the undertaker’s coffin. Paul Martin closed the door separating Ben from the flurry of bizarre activity in the adjoining room.

“Its not really Joe, Ben. It is an effigy, a mannequin.” Paul Martin reminded his friend.

Ben nodded. “I just can’t watch this whole thing any more. My grand child was born last night and my son was almost killed in front of my eyes this morning. And in the midst of all this my other son is ghoulishly constructing some grotesque simulation of a dead man.”

”And?” Paul gently squeezed Ben’s broad shoulder.

”It is too much like seeing Hoss up here when he died. Much too much.” Ben whispered pouring himself a second glass of whiskey and drained it.

 

Chapter 11

 

“Pa, what about the head?” Sam asked. The angry noise from the street came in waves. As soon as the men started thinking the crowd was dispersed there was another crash or roar of fighting from the street below. Dolman had quietly pulled his peddler’s wagon behind the doctor’s office in the shadow of the barn.

Adam looked around and his eyes fell on the white marble bust of on the top of the walnut bookshelves. “Hippocrates!” Adam reached up and placed the bust in place in the coffin. “Hippocrates.” He remembered how eons ago, when he had opened the packing crate and little Elizabeth had said how much the face resembled her Uncle Joe. They had all laughed when Joe had claimed to be far more handsome. It was so long ago.

Phil Bartlett stared at the addition. The head looked too pale, too perfect, too clean. ”Now, William go outside to the good Doctor’s overflowing chicken coop and sacrifice one of those cacklers for the final touch. And get some manure too. And if there is a rotten egg or two bring it back. No one peeping in this coffin is going to stare to hard at a sticking gory mess to see who or what we have here.”

The chicken entrails and blood combined with the fresh odiferous manure was offensive enough that even a dead man would have been revolted by the stench.

The men determined to send Will and Philip out to the Ponderosa first in a buckboard with the coffin tied down in back.

”Let Fischer’s boys see the coffin and assume Joe is dead. If they decide to open it, we are ready.” Philip assured them.

About ten or fifteen minutes later, Jacob Dolman would leave Virginia City. Joe and Sam would be hidden in the back of Mr. Dolman’s peddler wagon. Adam and Ben would sit behind the Peddler with their guns ready for any problems. Dolman would look like he was heading to Carson City and if anyone asked he could plead that he was afraid to loose his wagonload of goods if there was a problem in Virginia City.

“Ride carefully. Joe can’t take much bouncing around. I’ll leave town about a half hour later and join you.” Doc Martin. He silently prayed he would not find any need for his services along the road.

 

Chapter 12

 

The Ponderosa Ranch

“I can’t believe you and your father permitted Tucker Beck bring Stanley John out here. “ She stood toe to toe with her husband in the Ponderosa kitchen. Katie’s back was to the doorway. Adam wearily sat on one of the wooden ladder back chairs. He tiredly leaned on the kitchen table and watched the newest pot of coffee come to a boil. He hadn’t had much sleep for the last week and was hoping to get revived by some fresh coffee.
”We had no choice!” he insisted. Tucker and Levi managed to get the judge to sign the papers and honor the request for the army to support Clem. They had arrived in Virginia City just as Doc Martin had departed and accompanied him out to the Ponderosa.

”What do you mean? Kate raged. “That Fischer boy tried to kill Little Joe and now Ben is letting him stay under his roof?” She stood with her hands on her hips and furiously argued with Adam.

The men had barely got Joe and her son back safely to the Ponderosa. A half dozen drunks had stopped Will and Philip about a mile outside of town and insisted on opening the coffin. They held a torch high as one man looked inside.

Fortunately, the grotesque stinking dummy had served them well. The self appointed inspector had been so revolted he vomited at the side of the road. Will slapped the reins on the team and pulled away before the men could change their minds or the sun rose and brightened the scene. Dorman’s wagon passed ten minutes later. The men by the side of the road were still so shaken that they didn’t even bother talking to the peddler and just waved him along.

So caught up in her debate with Adam, Kate didn’t even realize Ben had walked into the kitchen. Her tall, broad shouldered father-in-law blocked her view of the shorter marshal behind him in the shadowy doorway between the kitchen and dining room.

Knowing that Ben had just come downstairs from checking on his family upstairs, Kate stopped her arguing and looked up at Ben questioningly. Her daughters were sleeping in their grandfather’s bed upstairs as Ben had decided that all the children would be safer upstairs. They were more secure if anyone attempted to break in to take Joseph or Sam or Casey Newkirk.

“They are all sleeping, Joe, Meg, the baby. Even Eric and the girls. Sam is sitting up there with Casey. The two boys insisted they are guarding the upstairs but I think the more asleep than awake.”

Kate nodded. The two boys were desperately trying to make up for all the trouble they caused.

“How can you let Stanley John Fischer into this house?” Kate demanded.

“I left that boy once and won’t ever leave him behind again,” Tucker said. He stepped out from behind his host firmly staring at Kate.

“Tucker!” She was surprised that Tucker had entered the kitchen and was answering her angry question. She hadn’t even realized he was on the Ponderosa.

She spun on her heels still not understanding what the Marshal was saying. For a brief moment she eyed him and stepped a half step to the right so she was closer to her husband. “What are you talking about? Stanley John almost killed Little Joe. Joe was going to turn himself in and Jack Fishers son tried to shoot him. Joe is barely alive!” Kate raged.

“He is my son. I left him before he was born and won’t ever leave him again. He is not Jack’s son. He’s mine. Stanley John is my son.” Tucker said softly.

Kate stared at him. “Adam? Ben ? What is Tucker saying? Is he lying?”

”No Kate. Tucker just told me.” Ben said firmly. “I believe him.”

”He is mine. Melissa and I were…. He stammered and drew in a breath. He ran his fingers nervously through his brown hair and looked directly at Kate Cartwright. “When she told me she was going to have a child I said I would do the right thing, that I would marry her. She laughed in my face and said she had already made a much better plan. Her father and Mr. Fisher were arranging for her o marry Jack Fischer. She had already told Jack that he had fathered my child. She wanted to be the wife of a rich man not the wife of a boy who didn’t have a plug nickel and lived in a dead drunk’s run down shack. I left town the next day and never came back.”

“Until now.” Adam shook his head. “You came back and Joe almost got killed and still is standing trial. And my son and Casey are going to be charged with helping him break out of jail.”

“I’m sorry. I will make sure nothing more happens to you people. Please give me a chance. And even if you won’t help me, at least watch out for Stanley John. If not for me, for Shorty’s little girl Trudy. They are married now and Jack is not at all happy about that.”

Chapter 12

 

Phil Bartlett was standing next to the fireplace drinking some hot coffee. He had just come inside from standing watch with Hays Newkirk and Shorty Magee.

Casey was somewhere upstairs after begging forgiveness from Meg for the trouble he and Sam had caused. Ben had finally convinced the frightened boy that Joe was not going to die and the boy fell into a restless sleep on the hallway floor near Sam. Katie had covered both boys over with a quilt and returned downstairs.

Will Cartwright and Clem Foster were still outside keeping watch with Dorman and some of the hands.

”It is real quiet. I think we got away with it. Either they all really think Joe is dead or the mob is afraid to ride out to the Ponderosa.”

“I sure hope so,” Tucker Beck said as he picked up a sliver of kindling from the wooden box on the hearth. Lighting it in the fireplace, he held the flame to the end of his cigar. “The first company of Cavalry rode into town just before day break. Levi got the governor to declare martial law so the trial could finish. That’s why I am out here. That and keeping Stanley John safe.”

No one said anything for a few minutes. They were all too tired. Tucker stared into the hearth.

“I don’t know how to thank you, Mr. Cartwright. You always did far more for the Becks than we deserved.”

Ben nodded. “Tucker, your father was a fine man and a good friend of mine. You both got badly mistreated by the Fischers. You were robbed of everything that matters. I just never knew how badly. I’m sorry…I never knew about the boy, about you loosing your son to the Fischers.”

Tucker shook his head. “You didn’t know, Ben. No one knew but Melissa and her parents. I should have asked for your help but I was a just a kid. My father had died and I made a bad choice on how to deal with the situation. Stanley John and Melissa had to pay for it. I should have stopped her from marrying Jack Fischer and she would still be alive.”

“There seems to be two stories about this whole thing,” Adam started.

”Two stories?” Tucker stared at Adam Cartwright.

“About the murder. My brother Joe’s story and Jack Fischer’s version, “Adam said staring hard at Tucker Beck. He and Kate were sitting side by side on the settee in front of the fire. Katie wearily rested her head on Adam’s shoulder. He protectively had his arm around her and pulled her closer.

Tucker sat down in the leather chair opposite them and puffed on his cigar.

“And they are very different versions of the same thing,” Ben added.

“Very different,” Kate repeated. She still was angry that Ben was helping Beck but was resigned to following what her husband and his father had already decided.

“Do you think Jack could have killed his own wife?” Tucker Beck asked. He leaned back in the chair and looked directly at the others. He took another puff from his cigar.

“We all know he beat her and slapped her around for years,” Kate said angrily.

“Every one knew that,” Philip added.

”But Jack was with you, Adam. “ Ben said.

“And people saw Melissa, I mean, Mrs. Fischer and the same witnesses saw you and Jack together.” Tucker said. He had an odd secretive look on his face. He took a puff on his cigar.

Kate squeezed Adam’s hand. She knew there was more to Tucker’s interest in this case than his just being a marshal and trying to do his job and bringing justice for the death of a long ago sweetheart. Kate had insisted all along that that Tucker still cared for Melissa, that something had gone on between them recently.

“But what if it wasn’t Joe Cartwright or Jack Fischer. What if it was a third man?” Adam suggested. “What if Melissa’s murderer was not Joe or her husband.”

“Who?” Tucker asked. For an instant he thought they might be accusing him of killing the one woman he had ever really loved.

“What if it was a third person?” Adam proposed. Ben nodded and Philip handed him a cup of hot coffee.

“The same man who killed that saloon girls a few weeks back. The one who was found dead in the alley down behind the livery? And the one who was found dead upstairs in the Rusty Bucket.” Phil proposed.

”And what about that woman who works in the millinery store? She said some man was in the store hiding that time when she opened up in the morning. She ran out screaming and the man rushed out the back.” Katie added.

”He was a burglar,” Tucker shook his head. “She walked in on someone who was robbing the store.”

“What if he wasn’t? What if he was after her, not a burglar?” Kate asked.

Who would rob a lady’s hat store of all places?” Ben added.

“And that man who tried to hurt that woman in the church yard? What about him?” Phil added. A week early a woman placing flowers on her mother’s grave in the Catholic Cemetery had been attacked.

”Where was Jack Fischer then? “ Ben asked. He sat wearily in the armchair on the other side of the fireplace. “Could Jack have been the one who attacked her? “

Tucker shook his head. “No, Jack was with me and Clem when that happened. He was complaining that we were taking to long with convicting Joe. He ran out with us when we chased after the guy. That wasn’t Jack.”

”Do you think it really could be all the same man?” Kate looked at the men.

“Joe was in jail when all those things happened.”

”Can’t get a better alibi than that.” Adam shook his head.

“Who was new in town then?” Ben asked.

”Why would you say someone new in town, Pa?” Adam trying to follow his father’s logic.

“There never was anything like this before in town, certainly not so many women attacked. I would think that if someone who lived in town or nearby was a killer we would have seen it before, not a whole bunch of attacks all at one time.”

”That sounds reasonable, Mr. Cartwright.” Tucker agreed

 

Chapter 13

 

Western Union
Mr. Benjamin Cartwright

Ponderosa Ranch Nevada

Benjamin,

Your letters finally reached me here in Phoenix. I am so sorry for your troubles. Will leave in morning to join you in Virginia City as quickly as possible. Letter to follow.

Barbara

___________

Judge Hiram Oakhurst,

If this trial is not properly conducted within the parameters set forth by the US constitution and the judicial statutes of the state of Nevada, you will face criminal charges and disbarment if it is the last thing I do on the face of the earth.

Governor Jewett W. Adams

1. Do not even consider the fact that you are married to my sister as an impediment to following through on this appalling miscarriage of justice.

 

Chapter 14

 

Virginia City

Three days later

Struggling for control of the chaotic situation swirling around him in the courtroom, Joe closed his swollen eyes held his head in his hands as the blinding pain overtook him. He was shivering felt chilled to the bone. It took several minutes before he was able to escape the agony.

Looking up, he met the worried gaze of his wife. “I’m really okay. Quit worrying over me, Meggie.” Joe lied.

She gave a pleading look to Doctor Martin who silently went over to his medical bag. “You have fever and you shouldn’t even be here. You look awful, Joe.”

“Still hope the baby looks like me?” Joe smiled weakly at his wife trying to make her smile. He pressed his eyes closed and tried to make the courtroom stop rocking and his head from throbbing.

“He does, our baby looks just like you,” Meg held tight to his hand and wouldn’t let go. If she had her way she would never let go of Joe nor leave his side, ever. “He is beautiful and you are going to be home with him very soon.”

Doctor Martin feared for his patient but remained silent. He felt helpless to protect someone he had brought into the world. There was no way Joe Cartwright should be out of bed but the judge was not going to listen to one word any of them said. Doc Martin opened his black leather bag and pulled out a tan paper envelope of medicinal powders and mixed it in a glass of water and handed it to Joe. “Drink all of this. Right now.”

Ben poured Joe a second glass of cold water and passed it to him. “Wash it down, son.”

Joe looked up at him and Paul could see the pain in Joe’s face. The doctor leaned over to Levi and whispered “If the judge doesn’t get to hang Joe, he is going to kill him from making him sit here. Levi you got to get an adjournment or Joe is going to fall over dead. He should be in bed, not in court.”

Levi nodded. Oakhurst had declared that Joe be present in the courtroom or that he would “Convict the murderer in absentia.” Levi Victor insisted to his family that Joe had to be in court, no matter what. “We have no choice.”

The attorney would never tell anyone but he was sure Joe’s battered appearance and sympathetic Meg’s loyal presence by his side would convince the jury of Joe’s innocence. As much as he loved Joe Cartwright like his own son, he knew he had to take the risk with his health to get Joseph free. If Doctor Martin thought sitting in the courtroom was too much for the defendant, he had never considered what the State Penitentiary could dish out to a convicted murderer or how bad for a man’s health a hanging could be.

“Levi, please we have to let Joe rest a bit. Can’t they let him go? Levi! He can’t take much more than this.” Meg pleaded. Her cobalt eyes stared right through Levi’s heart.

Joe took a few swallows of the water and shook his head. “I want to be done today. What ever is going to happen will happen by the end of the day.”

”Today?” Ben Cartwright gently rubbed the back of Joe’s neck.

“I have one more witness after lunch. Think you can manage. Joe? You can lay down for a bit during the lunch break while Meg takes care of the baby.” Levi knew this would be the testimony to make or break the case.

Joe nodded his head and closed his eyes trying to will the pain away. He suddenly was shivering and too tired to even talk.

 

Chapter 15

 

The judge entered the courtroom and everyone rose silently except for the defendant, Joseph Francis Cartwright. The battered defendant had bravely attempted to struggle to his feet from his chair between his father and Doctor Paul Martin . His broken ribs ached despite being bound up. Joe’s torn knee was swollen and painful and would certainly not hold his weight.

Doctor Martin sitting to Joe’s left put his hand on his shoulder and said firmly, “Stay in your seat or I’ll tie you down into it Joseph. You should be in a bed not in court.” Paul felt he would party to killing Joe if he couldn’t get him out of the courtroom soon.

Even the prosecutor at the adjacent table nodded silently in agreement.

Initially Dylan Dennison had been more than glad to aggressively prosecute the brutal murderer of an innocent woman, the wife of a prominent Virginia City man. Dennison wanted to bring the killer to speedy justice and a public hanging. It would be just the case to display his prosecutorial talents and give him the momentum Dennison needed for a successful political career. Dennison was ambitious, but still honorable. He was only looking to prosecute a fair trial not be party to the hanging of an innocent man.

The night before Joe had escaped from the jail, Dennison had told his wife “I’m a prosecutor, not the judge or the jury but Oakhurst is way out of line on this. I just want to enforce the law properly not let Oakhurst add another hanging to his ledger. Oakhurst just wants a speedy hanging and doesn’t care if he is wrong.”

His wife could see the uncertainty in Dennison’s eyes. “Tell that to Levi Victor and let him request a mistrial.”

”I can’t. That is unethical. I can’t give advise to the other side.”

”And it isn’t unethical to convict an innocent man to make a name for your self in politics? Dylan, Are you saying you would allow Joe Cartwright to hang so you can become a senator or the next governor?”

Dennison knew his wife was right. She wanted him rise to a high office. Mary Dennison dreamed of being the governor’s wife but not at the expense of an innocent man.

The longer this trial went on the more the prosecutor realized that Judge Oakhurst was hostile to the defense and not ruling fairly or appropriately. He didn’t even listen to half the testimony as he sat turning his gavel in his hand. The judge was out to hang Joe Cartwright innocent or guilty.

Joe nodded weakly to Doc Martin and sagged back onto the hard wooden chair. Seated in the first row behind the defense table, Meg Cartwright kept her eyes fixed on the back of Joe’s bandaged head. In her own mind she felt if she stared at her husband and at absolutely nothing else she would will him to be strong and keep him safe. She looked at her Joe with such intensity she had blocked out everything else, every noise, every person, and every movement in the courtroom. It was only when she looked down for an instant did Meg Cartwright realize she was squeezing Ben’s hand tightly in hers.

“You have quite a grip, Meg.” Ben whispered as he gently loosened her crushing hold on his hand finger by finger. “It will be fine, Meg.” He prayed he was right and Joe would be alive to raise his own son.

Ben nodded at Paul and sucked in a breath in nervous anticipation of what would unfold. After the Judge had taken his place and everyone reseated themselves, Levi Victor walked briskly before the judge’s bench and called for his new witness. The spectators looked on in confusion as Trudy Magee walked timidly toward the witness stand from the rear row. She smiled nervously at Stanley John Fischer who nodded his encouragement.

Levi looked at Trudy kindly, as he allowed her time to compose herself in the witness chair. He waited, stroking his beard, while she was sworn in. Then the defense attorney strode forward, ready to begin his questioning. Joe’s life rested in his hands. Trudy looked up at Levi fearfully, her eyes huge in her pretty face.

“Trudy, I am going to ask you a few questions and I am sure you know how important your answers are to us today.” Levi said gently.

”Yes sir,” she nodded. Her hands were shaking as she twisted a pair of white kid gloves. Levi gently held her hands between his for an instant trying to reassure the young woman. She was only sixteen, hardly more than a girl.

“Do you know the accused, Joseph Francis Cartwright?”

”Yes sir, very well. Since I was a little girl. My whole life. My father, Shorty Magee works on the Ponderosa.” She licked her dry lips nervously.

Levi paused. Dylan Dennison poured her a glass of water from the pitcher on the prosecution table. The judge eyed him angrily as he stood up and handed it to Levi. The defense attorney smiled and nodded his thanks for the first gesture of kindness Dennison had shown for the entire trial.

“Where were you employed on the day of the murder?” Levi continued.

“For Mr. and Mrs. Jack Fischer in Virginia City.” She took another swallow of water and handed the empty glass to Mr. Victor. She looked directly at him and tried to pay close attention to his questions just as Adam Cartwright and her father had encouraged her.

“Did many people come visiting at the Fischers?”

”Yes sir. They entertained quite a bit, that is why they needed the three of us housemaids and the cook too.”

”Did Mr. Fischer have men come to the house?”

”Yes, sometimes the men from the mine came up to talk about this or that if Mr. Fischer had left his office or he would have a business appointment in his study.”

”Did Mrs. Fischer have any gentlemen visit?”

Trudy hesitated. “She did.” Oakhurst glared at the prosecutor. He had expected Dennison to object and he didn’t.

”She did? Did you see them?”

”Reverend Felcher came by for church business. And sometimes delivery men or men who were finishing off the new house, the painters and carpenters and all. Mrs. Fischer would have callers sometimes when the household staff was off for the afternoon. But there were times I knew gentlemen were there but I only heard a man’s voice but didn’t see who it was. I once came back early from my afternoon off and walked into the house. I heard a man’s voice. From upstairs.”

“What did you hear?”

”They were arguing. It wasn’t Mr. Fischer or his son. They were still at work at the mine office. ”

”Would you recognize Joseph Cartwright’s voice? Was he the man with whom Mrs. Fischer was arguing”

”Oh no sir. It was not Joe. It was a man that I don’t know. I never heard that voice before or since. He was loud and yelling and Mrs. Fischer was shouting. I put my hat and coat back on and left. I was embarrassed to intrude. Mr. and Mrs. Fischer had told us never to intrude in their private affairs. We should be discrete or they would fire us.”

“Did you see Joe Cartwright attack Mrs. Fischer, Miss Magee?” The lawyer’s question was fired like a rifle shot.

“No sir. Joe would never do that. He would never ever hurt Mrs. Fischer. Joe is not that kind of person.”

Dennison shot to his feet. “Objection!” he roared, as if relieved to finally find a place to voice his displeasure with the events. At least Judge Oakhurst would not expect him to make any more objections for a while. The jury could listen carefully to the defense Levi was presenting. “Speculation on the part of the witness.”

“Sustained,” Oakhurst responded firmly.

”Did you ever see anyone else strike Mrs. Fischer?” Levi continued to throw more possibilities into the stew he was stirring. He was looking to create reasonable doubt in the minds of the jury. The more options, the more suspects the less likely the jury members would vote to convict Joseph. He was aiming to get a “not guilty verdict” and have Joseph set free.

”Yes sir. I did.” Trudy said with a nod.

”Who?”

“Mr. Fischer. Mr. Fisher struck Mrs. Fischer a few times while I worked there. I saw it.”

The courtroom erupted in chaos. Jack Fischer let out a furious, angry shout and leapt up from his chair, only to be grabbed firmly by Will Cartwright in a vain attempt to push him back down into his seat. “Joe Cartwright killed my wife! Hang him! Hang him right now! She was still alive when I left the house!”

Tucker Beck jumped up and shouted, “Sit down Jack or I’ll knock you down!” He had been longing to do that ever since he was forced to give up the girl he loved to Jack Fischer.

The banging of the judge’s gavel finally penetrated the bedlam. “Order! Order in the courtroom!” Oakhurst bellowed. He continued banging for several more seconds until an uneasy silence returned to the courtroom. Then he thumped twice more for good measure.

Kate eyed the judge. “Why doesn’t he make Jack Fischer stop?” She grabbed Adam’s arm in fear.

“He is Jack Fischer, not Joe Cartwright, that’s why,” Adam growled. He shifted in his seat so he was more able to keep a watchful eye on Jack as well as watching the proceedings. Kate slid a bit closer to him as she watched Joe. He had rested his bandaged head in his hands and was leaning painfully against the table. The hammering of the gavel resounded inside his head right behind his eyes.

“Continue, Mr. Victor,” Oakhurst ordered. He turned a hooded glare on the assembled people. “Let everyone be aware that if we have any similar disruptions, I will clear this courtroom.” It was the first time the judge seemed to take any action limiting Fischer since the trial first started.

“Maybe Oakhurst is finally seeing what really happened.” Kate slid her hand into Adam’s and squeezed. Adam nodded but kept his eyes on Fischer. “Or what didn’t happen.”

“I hope so.”

“Did you take care of the dogs in the Fisher house, Trudy?” Levi Victor asked the witness.

“Yes sir. The other maids were scared of Brutus and Brunhilde. They are big energetic dogs and the Fischers set great store by them. They are pure bred. I feel very comfortable around any kind of animals, cows, horses, and dogs. Whatever.”

“On the day of the murder, where were the dogs when you left the house?”

Trudy hesitated trying to remember and said “I had brought the dogs inside the house. They were in the kitchen when I left. Mr. Fischer liked the dogs to eat in the kitchen and Mrs. Fischer likes them inside in the day, for company. For company she says like her children. She doted on those dogs. Then Mr. Fischer or Stanley John would let them out in the afternoon. Sometimes around three or four.”

”Joe Cartwright claims the dogs chased him when he came to the house around noon. Would that be possible?”

”Yes and no.”

”Yes and no? “ Levi asked softly.

“Yes, they are mean dogs to people they don’t know. They chase anyone and everyone that they are not familiar with and protect the house. Joe wasn’t around the Fischer house often enough for the dogs to know who he was. But I left the dogs in the kitchen when I left…so no. Not unless someone let the dogs out.”

”Who let the dogs out? Someone had to have been in the house after Mr. Fischer left, after you left, and before Joseph Francis Cartwright arrived on the property.” Levi stared at the jury. “Trudy do you think the dogs could have been let out by Mrs. Fischer?”

”Oh no. She liked them inside. For company.”

“So someone else may have been there, that let the dogs out?”

”That could have happened.” Trudy nodded. “Yes, someone else had to let the dogs out as they never could open the door themselves. They have no hands, only paws.”

The observers laughed despite the seriousness of the situation. Oakhurst banged his gavel.

“Someone was in the house after I left and let the dogs out.” Trudy repeated emphatically.

Dylan Dennison nodded to himself. He looked at the jurors and could clearly see that Levi adeptly was making his intended point. Dennison remained silent despite the Judge’s angry face.

Victor changed his tactics. “Miss Magee, the whole town has been aware of this trial for some time. Why have you waited until now to come forward with this testimony?” Levi paced back and forth slowly, waiting for the answer that everyone wanted to hear.

“I was not here. I was not in Virginia City. I left town that morning, the day of the murder.”

”Where were you?”

”I was in Stockton.”

”Why were you in Stockton?”

”I was living with my cousin. I was waiting for my intended to join me so we could get married.”

“And who is your fiancé?”

”Stanley John Fischer.” She smiled at the young man sitting next to Phil Bartlett. “Stanley John was my intended, my fiancé.”

”Was?” Levi smiled.

“We were married last night by Reverend Felcher in his church. Marshal Beck helped us and my father gave me away. Stanley John is my husband now,”

”NOOOOOO!” Shouted Jack. He jumped out of his seat. Will grabbed his arm as Tucker spun to face the man.

“Shut up!” Tucker glared at Jack. He put his hand in the middle of his chest and shoved him hard. The marshal said, “Sit down Jack or I will knock you down like I should have years ago.”

Oakhurst pounded his gavel for order.

Victor swiftly changed his tactics. “Miss Magee, the whole town has been aware of this trial for some time. Why have you waited until now to come forward with this testimony?” Levi paced back and forth slowly, waiting for the answer that everyone wanted to hear.

Jack jumped up again and raced forward.

Tucker Beck sprang toward him just in time to head the irate man off before he hurt someone. Jack tried to lunge toward Joe. Only when Tucker pulled his gun and pointed it at Jack’s chest did he stop his furious charge. “Freeze!”

Jack Fischer sat hard in the chair and didn’t move.

 

Chapter 16

 

Judge Oakhurst’s voice rang into the hushed courtroom. He had to speak loudly to be heard. “Gentlemen of the jury, what is your verdict?” It had taken less than an hour for the jury to come to a decision.

The foreman of the jury looked directly at Joe and spoke in a loud, firm voice. “We find the defendant, Joseph Francis Cartwright, Not Guilty.”

The courtroom erupted into chaos. The people of Virginia City, held captive in their chairs for so long, sprang up and the swell of conversation roared through the room. People applauded and cheered. Joe sat relieved and in his chair, his eyes wide in his pale bruised face. His face was as white as the bandages that still wrapped his head. He slumped forward with exhaustion. Meg rushed from her seat and threw her arms around her husband and hugged him as close as she dared. “You can come home Joe! You can come home. Right now!” She sobbed kissing her husband. Joe wrapped his arms around her and held his wife, his face against her honey hair.

Kate turned and looked fiercely at Jack as Adam embraced her. Although Ben was reassured by what he had just heard suddenly his face crumpled in relief, tears forming in the corner of his eyes. It was finally over. Joe was a free man.

Sammy started thumping Adam on the back in excitement, unaware that he was leaving bruises that his father would feel for weeks. “Uncle Joe is free He can come home!” Kate threw her arms around both of them and held them close. “He is free.”

Dylan Dennison walked toward Levi Victor with his hand extended “You did a fine job Levi, I have a lot to learn from you.”

Fischer and a group of his men stormed angrily out of the courtroom. Johnny Sylvester remained standing in the back of the room and glared at Meg Cartwright as she and Joe embraced.

“Like Sodom and Gomorrah,” he muttered. “Repent sayeth the Lord. You will all burn in the fires of hell. Every last one of you.”

Epilogue: Waiting

Eric Cartwright sat silently on the front step of the porch of Uncle Adam’s house. The day was cold but clear and his Aunts had bundled him up in his warm coat and told him to sit outside and get some fresh air and wait. “The girls are already on the porch waiting for you. Then you cousins can wait all together for everyone to arrive.”

“Wait,” Aunt Meg had said as she picked up the new baby. The baby was crying again and that made Eric want to cry too. He felt very sad when he heard that little baby cry for Uncle Joe. It made Eric cry too.

“Wait,” Auntie Katie said as she helped him put his coat on. “Don’t go outside without your coat. It is too cold.” Eric didn’t much care if he was inside or out side or if it was cold or warm. He didn’t care if it was day or night. He watched the world from inside a foggy, dusty lonely blue glass Mason jar and waited.

“Keep watch for everyone to come. They will all be here very soon and then we can have supper, “ Aunt Kate had told him as she buttoned his jacket for him. “Aunt Meg is feeding the baby and then we will come out and sit on the porch with you. ” Kate kissed his chubby cheek and smoothed his yellow duck fuzz hair. She plopped his hat on his head.

Eric said nothing and walked slowly out the front door. He was very good at waiting. “Wait with Elizabeth and Jessica.” Kate repeated.

Sitting on the wooden steps to the left of the two little dark haired girls, the taller blonde boy watched and waited, not moving, not smiling or frowning. Elizabeth chattered on. “We can’t wait!” she said excitedly. “They will be here soon!”

“Soon! “Jessica repeated and squirmed happily. She wasn’t quite sure what all the excitement was about but she always did whatever her sister told her to do.

Eric stared at the iron gate across the bottom of the drive for a long time. He looked at his cousin’s play house that looked like a castle. Then he watched the one white cloud that was floating slowly high over the point of the church steeple in town. Finally, Eric stared at the toe of his brown boots for a while.

He waited. Aunt Meg said that after supper they would all go to sleep in Uncle Adam’s house. In the morning every one would go home to the Ponderosa. Aunt Meg had said with a smile, “I can’t wait to finally go home, all of us. I can’t wait!”

Eric looked up as his grandfather’s buckboard clattered up the drive to Uncle Adam’s house. Sammy was in the back and jumped down almost before the wagon stopped. There were three men in the buckboard. Benpa, Uncle Adam and another man were all sitting close together on the high seat.. Benpa and Uncle Adam climbed down and assisted the third man off the wagon seat. The man moved stiffly, as if something hurt him. Eric felt sad for the man. He hated to see someone was sick or hurt.

The hurt man wore no hat as his head was wrapped in a white cloud of bandages. Eric watched the men and waited.

Sammy waved and smiled. “We are here !”

“Hooray! They are home!” Elizabeth and Jessica shrieked as they jumped up and waved back. Their faces shined like new silver dollars. “They are all here! Stand up Eric and wave!” Elizabeth ordered.

Eric stood up but didn’t wave. The boy’s blue eyes grew wary as he waited for Uncle Adam to help the smaller man down off the buckboard. Benpa put his arm around the hurt man and smiled and said something to him pointing at Eric.

Behind Eric, the door of the house swung open and his Aunts rushed out into the cold late afternoon air.

The adults stood silently in place watching Eric as Joe limped slowly over toward the porch steps. He stopped midway between the buckboard and the porch and leaned awkwardly on the black iron hitching post. He shifted his weight and balanced with his hand on the cold metal. He stood a bit straighter and closed the top buttons on his jacket. He suddenly seemed to feel the cold to his bones far more than when he was sandwiched between Adam and Pa on the high wagon seat.

His father and brother had put some pillows and blankets in the back of the wagon so he could lie on the brief ride from the courthouse. Joe had refused, insisting that he had ridden out of town once lying down in the back of a wagon and this time would ride sitting on the seat of the buckboard with his head held high.

At that moment, there was nothing Joe Cartwright wanted to do more than to scoop Eric up in his arms and hug him close. The boy’s blue eyes lit up with slack-jawed amazement for just an instant. Joe hoped it was some sort of recognition or acknowledgment of his arrival.

Then Eric looked away and stared at the frozen ground.

“Joe?” he whispered. “Joe?” as if he was reassuring himself that he had been waiting long enough.

“Go on, Sweetie, Go down and give Uncle Joe a kiss.” Meg encouraged the boy from behind him. She shifted the blanket wrapped baby to her shoulder and gently pushed Eric forward. He walked cautiously down the seven steps that led from the porch to the front path.

“Uncle Joe is home!” Eric said softly. The child stood up and took a few hesitant steps toward the man. Then he took a few quicker steps.

Deliberately halting his forward motion, Eric stopped well before reaching Joe. Looking up at his Uncle, he froze silently in his place, not sure what to do, not sure what to believe. “I waited, Joe,” he whispered softly.

Joe awkwardly bent over and reached his arms out. He remembered the afternoon so long ago in the doctor’s office when Eric hid frightened in the corner. Doc had said to let the scared child come to him on his own, like getting a shy chipmunk to eat from your hand, Paul had said. “Wait, Joe. Let him come to you. Let him take his time.”

Working to keep all his churning emotions off his bruised face, he struggled for words. He wanted to yell and shout and swing the child over his head. Joe wanted to rush up the steps and gather Meg and his baby in his arms and hang onto all of them and never ever let go. But Joe he knew that would probably frighten Eric even more. Joe inhaled slowly and looked directly at the boy.

“Eric? Come here. I’m home. I’m home for good, now.” Joe smiled. He held his arms out and waited for an endless moment.

Ben held his breath and watched. Adam was about to step forward but felt his father’s strong hand on his arm. “Wait, son. Joseph knows just what he is doing.”

Adam’s dark eyes met Kate’s in and unspoken communication between husband and wife. He could see she was thinking the same exact thing as Ben. Joe knew just what he was doing. Kate put her hand reassuringly on Meg’s arm. “Wait.”

Ben hooked his thumbs into the front of his coat and rocked back on his heels a bit. He sucked in a breath silently praying that Eric moved forward. Time stretched out endlessly and then slowed to a frozen halt. Only the pounding of his own heart marked the passage of minutes.

“Please Lord, let Eric move toward Joseph,” Ben prayed in his mind. “Let the child just move one step forward and I know it will eventually be all right. Just one step.”

A slight breeze blew cold from the mountains and Kate shivered but would not go inside. Meg pulled the blue blanket closer around her newborn son. Both women waited patiently for Eric to do something.

Eric stood his ground and eyed Joe cautiously. He wasn’t truly sure if the man near the buckboard with the bandage wrapped around his head and dark bruises under his eyes was really his Uncle Joe. The hurt man looked different but he then recognized the voice.

It was his beloved Joe.

“Sweetie, I’m waiting for you,” Joe said calmly.

It was truly his Uncle Joe. Joe had finally came back just as he promised. Eric’s mother had never, ever come back. Eric had waited and waited but she never, ever came back, but Uncle Joe had. Joe promised and he did come back.

“Eric, come here, “ Joe, repeated softly. He smiled and held his hands out.

“JOE! “The boy shrieked.

He ran to his uncle’s out stretched arms and spoke aloud for the first time in weeks “My Joe is home!”

 

The End