JURY DUTY

“Guns don’t kill people, people do,

but I think the gun helps.

I think just standing there and going,

“Bang!”

that’s not going to kill too many people is it?”

-Eddie Izzard

Porterville, Wyoming

September, 1881

Sheriff Lom Trevors blew a cooling breath over his coffee before taking a sip and then grimaced softly as he spotted a small group of the town’s businessmen huddled across the street from his office.

“Best dressed lynch mob I’ve ever seen,” he muttered under his breath as he studied the town’s banker and founder D.S. Porter, the town’s medical doctor John Lichlyter and several of the more affluent shop owners gossiping like old women in between stealing glances over at the jail.

Trevors didn’t have to be a mind reader to know that the sudden interest in him and the jail had everything to do with the lockups only prisoner.

The timing of yesterday’s murder of one of Porterville’s most respected citizens, Rufus Washington, could not have been worse. A bank robbery a week earlier had left the sheriff with his right leg shot up and one deputy dead. Not to mention the McKenzie Brother’s escaping with a payroll of $7,000. And with Deputy Harker, (a dedicated, but hardly inspiring lawman), the only one fit to lead a posse the robbers had gotten away clean leaving the town grumbling and Trevors frustrated.

Shaking his head he glanced over at the accused murderer, Stuart Washington, estranged son of the deceased. The thin, troubled youth hardly fit the part of a man overcome with such fury he had shot his father some five times after being reintroduced to him after a span of 12 years. But the evidence had been pretty open and shut and now Trevors was babysitting until the circuit judge arrived, which wouldn’t be for at least another month as the man had a daughter getting married down in Denver delaying his normal rounds.

Wearily he used the desk to help him get back to his chair, loathe to use the cane the Doctor had brought him disliking the image it presented.

Harker, Trevor’s towering, duty conscious blond deputy, had understood and taken over making all the rounds, which meant Lom was trapped inside the jail frustrated and feeling, if he was honest, fairly useless.

Suddenly the back door flew open with a fury of wind and leaves and three men were pushed in simultaneously. Startled he went for his gun, an action that had usually been a rather smooth movement, but was hampered severely by his injured leg. A warning to get the lock on that back door fixed a while back had not gone unheeded and whoever had opened it had not needed a key. Then suddenly his face broke into a grin and he replaced his weapon as he recognized the two familiar figures following the bound captives in.

“How the hell…” he grinned as the three McKenzie Brothers, looking sullen and beat, stood before him.

“Hello Lom!” Hannibal Heyes smiled cheerfully. “Heard you might be looking for these fellas.” His brown eyes were twinkling with amusement which contrasted sharply to the competent way he moved and held his gun.

“Come on boys inside, nice and warm like you’ve been complaining you wanted, “Kid Curry said pushing the three men into an empty cell with a steely glance and a cocked Colt. The startling picture of Kid Curry putting people into jail made Trevors blink; though he would concede he looked more than capable of handling all three if the glint in his stone cold blue eyes was any indication.

The youngest of the McKenzie’s, Billy, looked up at Lom pleadingly, “Sheriff I’m gun shot…bad!”

“Ah you ain’t hurt that bad Billy,” Heyes said cheerfully. “Why Lom here looks a whole lot worse than that, what did we decide to call it? Oh yea! ‘Barely noticeable flesh wound’.” Then with a smile he turned to Lom and explained. “Mr. Jones just shot him a little to get his attention.”

Bob and Ben, the remaining brothers let out a howl of complaints until Kid turned back on them sharply, “Now boys we talked about you giving the sheriff any trouble and what would happen if you did. You really want my partner and me to have to explain the rules again?”

Something about the way it was said as Kid replaced his gun in a quick twirl led Trevors to believe this lecture would have been something he would have like to have seen.

Clearly it had made an impression on the three killers as they all swallowed hard and someone murmured a quiet, “No sir.”

“How?” Lom said starting to laugh and trying to downplay how painful being on his feet was.

Heyes’s smile evaporated as he put a hand on his friend’s shoulder and pushed him gently back into his chair.

“Heard about what happened up here and when we came across them…” Kid shrugged.

“Came across my eye!” Ben said darkly and spit for emphasis. “Hunted us down through half the territory!”

“Well we might have had to go a little out of our way,” Kid shrugged with a small smile at the three trail weary unshaven men who looked like they had been chased to hell and then dragged home backwards.

“How bad is the leg?” Heyes asked finding a seat on the corner of the desk and looking his friend over concerned.

“Sore, but better than Deputy Barron.”

“Yea we heard you lost a man,” Kid said handing Heyes a cup of coffee.

“Look boys,” Lom said softly. “I appreciate this, but I don’t think this was such a good idea. Too many people can recognize you in Wyoming and you know it.”

“Not planning on staying longer than this cup of coffee,” Heyes assured him understanding and appreciating his concern.

“Company,” Kid said suddenly from the window and Heyes was instantly on his feet as the door opened and Deputy Harker ushered in a small rotund man neither outlaw recognized followed by Dr. Lichlyter and Banker Porter.

Heyes took a moment to evaluate each man. He had only met Porter’s daughter, but he recognized his picture from the bank and he took after her with the same dark hair and eyes and nervous disposition. The Doctor, Lichlyter, they knew in passing. He was a lean, white haired man of perhaps 50 and what Heyes would have called a ‘town’ doctor. Even now he was impeccably dressed in a tailored three piece suit, though it was beginning to show wear.

The third man was older than the other two and gave off an air of impatient importance mingled with justifiable arrogance and Heyes had him pegged as either a judge or a lawyer before Harker spoke.

“Judge Harris is here Sheriff,” Harker said.

Kid didn’t miss his partner’s satisfied grin on this revelation and knew Heyes had guessed the man’s occupation and was feeling smug. Kid sighed; only Heyes could find some satisfaction in guessing the identity of a man who could put them away for 20 years.

Meanwhile Harker had gotten a look at the three new prisoners and his mouth had fallen open. “Where did they come from?”

“Sheriff Trevor’s has a long arm,” Heyes said simply.

“And good friends,” Lom muttered under his breath.

Harker squinted hard at Heyes trying to remember something and then his eyes flew open wide, “You’re them fellas that…”

“Helped us with that bank robbery attempt, Judge Harris good to see you,” Lom said standing and making it a point to move between the two outlaws and the new arrivals despite the pain.

“You caught them?” Porter said astounded. “And the money?”

Lom barely stopped himself before he rolled his eyes, but to his amazement Kid plopped two full saddle bags onto his desk.

“Is all here minus a little hoorahing money they used.”

Porter grabbed the saddlebags greedily and then looked up sharply, “You realize there is no reward for this?”

“We didn’t do it for a reward,” Heyes said disgusted and not hiding it in his tone. “Lom is an old friend and we owe him a few favors.”

“This man is injured!” Dr. Lichlyter said indignant as Billy took up moaning again.

“Yup,” Kid agreed. “But then so is your sheriff thanks to them.”

“That does not justify inhumane treatment!” the medical practitioner snapped.

“Nope, justifies the same treatment,” Heyes said turning his back to the man to look at Trevors. “We’ll be going now Lom, good to see you again, take care of that leg.”

“Excuse me!” Judge Harris thundered not liking being ignored. “I was rushed up here for this Washington murder and…”

“Who rushed you up here?” Lom asked dangerously.

Everyone looked at Porter who finally noticed as he glanced up from diligently counting the money to see how much was missing.

“What? Oh yes, yes I telegraphed him when I got the news.”

“Why?” Lom said darkly. “The accused wasn’t going anywhere.”

“A group of us felt with thing so unsettled it was in the town’s best interest,” Dr. Lichlyter explained.

“Unsettled!” Lom barked.

“Bank robberies, murders, the sheriff wounded, a deputy dead,” the Doctor shrugged.

Harris merely glared, “There is a train heading south tomorrow Sheriff and I intend to be on it for my daughter’s wedding or my wife will have my head. Assemble a jury and let us get on with this.”

“Wait a minute you can’t railroad me! I didn’t do it!” Stuart Washington said jumping up and grabbing the cell bars desperately.

“Gonna be tough finding enough men to sit a jury who weren’t friends or business associates of Mr. Washington,” Harker said rubbing his jaw. “And we’ll never get folks to come in from the outlying ranches and farms with harvesting going on right now.”

“There must be 12 men in this town unbiased,” the judge said firmly.

“Mr. Washington and a lot of other prominent town folk invested in a silver mine that went bust,” Lom sighed. “Lot of folks including him lost a small fortune together and it formed a real bond, especially after Washington bought back their shares for what he could to make up for getting them involved.”

“Well then find 12 un-prominent men!” the Judge snapped and eyed Heyes and Curry suspiciously. “What about you two?”

“Ah we don’t live here,” Heyes said quickly.

“Good you’ll be perfect, there you are sheriff you only need 10 more!”

“We were actually just leaving, real pressing business,” Kid said casting a desperate glance at Heyes.

“Not any more you aren’t, I just swore you in as jurors. I am going to have lunch then court will start promptly at 1:00 p.m.”

“Ah your honor the lawyers might need a little more time,” Lom said quickly. “I mean the murder just happened yesterday.”

“Oh they are ready,” Porter said repacking his money. “John and I all ready spoke with them. Besides what’s to prepare for, son comes home after being gone for years, has a fight when he finds out his father has lost his inheritance and shoots him. Housekeeper heard the whole thing.”

The judge nodded, “I will see everyone in my court at 1:00 p.m. or all of you will find yourselves behind bars with this lot for contempt!”

“I’m going to get my bag and see to this young man’s arm,” Dr. Lichlyter said following him out with Porter clutching his saddle bags and demanding Harker accompany him as a guard.

The three friends stood there as the door shut and with a groan Heyes fell into a chair. “No good deed goes unpunished.”

“Lom we can’t be on a jury!” Kid hissed.

“You know that and I know that, but if we tell the Judge that you are going to be in worse trouble,” Lom sighed. “Look it shouldn’t be too bad, open and shut case, maybe a couple of hours at best. You vote and take off after you read the verdict.”

The two outlaws looked at each other worried.

Trevors sunk painfully back into his chair, “I’m sorry boys, you did me a favor and now…”

Heyes found a smile, “Don’t worry Lom probably go just like you said and whoever notices the jury?”

**********************

Promptly at 1:00 p.m. court was called to session in the town’s meeting hall that doubled as a court room when necessity dictated. The notorious nature of the crime had packed any empty seats for while Washington had not been the best loved of men, stingy old skin flint was being used a lot to describe him, he had been ‘somebody’. That coupled with his violent end meant a good turn out and Kid and Heyes kept their heads down as they entered with the other 10 hastily recruited jurors.

There was an air of festivity from the audience and when the Prosecution and Defense entered talking together about meeting for dinner later the defendant slumped defeated in his chair.

Later court records would show that the following twelve men were sworn in as jurors for the Territory of Wyoming:

NAME OCCUPATION

Bowie Blacksmith

Bryant Stable hand

Douglas Cowboy

Harvey Carpenter

Jackson Undertake Apprentice

Jones Security Expert

Kurt Carpenter

Miller Telegraph Operator

Reed Merchant

Simms Dentist/Barber

Smith Security Expert

Thuesen Bank Clerk

Lom sat back in his chair and mentally went over the group trying to see any potential problems for the two outlaws. Bowie was a large sturdy man befitting his position as town blacksmith. Unmarried he kept to himself and Lom was certain most people had never heard him string more than 4 works together at a time.

Bryant was a young drifter from back east who was currently working at the stables for room and board and in his last three months in town had given Lom no trouble or reason to think he would.

Douglas was a hired hand out at the Bar T, probably in for supplies and had been caught when he snuck in a beer at the saloon. He was a bit of hot head and not the brightest of men, but honest.

Kurt and Harvey were carpenters currently working on the mercantile roof. Good friends they did everything together including drink too much on a Saturday night and have to be peeled off the saloon floor at Maggie’s on Sunday morning.

Jackson worked as an apprentice to Mahoney the undertaker. A small bookish young man he was courting one of the Brennan girl’s and seemed poised to become a partner in the business that unfortunately never lacked for customers.

Miller worked the telegraph office and in his spare time liked the odd game of poker, but knew when to walk away…or his wife made sure he did.

Reed was the grain man at the mercantile, but dreamed of being an actor and usually stared in all the amateur productions Miss Porter championed twice a year.

Simms doubled as the town dentist and barber. He was a gossip and a busybody, but competent as least as far as a hair cut went.

Last was Thuesen, Porter’s head bank clerk. A little too feminine in fashion and demeanor to suit Trevors, but none the less always eager to help when volunteers were needed and thus beloved by the Ladies’ Aide and the Pastor’s wife.

The last two were Curry and Heyes who had wisely not sat next to each other. He rolled his eyes when he heard their occupations listed as Security Experts. Oh if the truth were ever known!

The Judge was true to his word about moving things along swiftly. He didn’t skirt justice, but he did keep it moving and it wasn’t long before opening statements were recorded and the first witness was called by the prosecution.

Martha Joiner, an older woman of near 60, was still in shock from the death of her employer. She had to be told to speak up several times and seemed in a near state of nervous collapse as she recounted what she knew of the events of the previous night.

Her anxiousness was not lost on the sympathetic jury and Lom was amused to note that it was a toss up between the blacksmith Bowie and Thuesen the bank clerk who looked the most worried about her.

“I heard the first shot, I suppose it was just after 2, I had just set a pie in the oven and I took a look at the time,” she said tearfully. “The other shots came about 5 minutes later.”

“So you didn’t go into see what was wrong at first?” Bill Roberts, the prosecution asked gently.

“No sir, Mr. Washington was real funny about being interrupted when he was working so I just kept about my duties.”

“When did you go into the study?”

“When Dr. Lichlyter called me.”

Dr Lichlyter was called to the stand next and explained he had received a message from Washington senior requesting something for a stomach ailment. He had arrived to hear the last of the gunfire and entered to find Stuart Washington over his father’s body.

Next the undertaker, a dark mustached man who smiled too much came to the stand. Sworn in he stated his name was Hezekiah Mahoney and that having examined the body with Dr. Lichlyter they had concluded that Rufus Washington had died of multiple gunshot wounds. One a 44 caliber to the head and four additional shots from a 22 to his chest.

The matter of the two guns was addressed by Deputy Harker who had been first on the scene. It was his opinion that Rufus Washington had been forced to pull his own gun, a 44 Army Colt, to defend himself when his son came back with the 22 caliber weapon. The two must have wrestled and both guns had gone off striking the deceased.

The prosecution then rested.

The Defense, Micah Gridley, was immediately on its feet, the first time since testimony had begun and quickly called Stuart Washington to the stand.

The nervous young man explained in a low monotone voice that his father had written him that he was very ill and requested he come at once to see him.

He had arrived on the noon stage yesterday and gone straight to his father’s house. There his father had told him he was dying and wanted to make up not taking care of him and his mother by leaving him his fortune. Stuart had then explained to his father he did not want his fortune. His mother’s family had left him adequately set for life and he wished only to return to his studies back east. He did not care for the west and had only come out of a sense of honor since his father was dying.

After they had spoken he had retired to his room to avoid further argument and rest so he could catch the early morning train the next day.

He explained he had not reacted to the first gun shot since in his words, ‘guns were going off all time here’. It was only when the 4 bullets were fired in rapid succession that he reacted and he swore he had only been in the room mere seconds when the Doctor entered and found him there.

The Defense then rested leaving the prosecution to leap to its feet and proclaim this was all lies. Everyone knew Rufus Washington had no fortune to leave and was in the best of health. To verify this Dr. Lichlyter was once more called to the stand and did so in fact state that Rufus Washington was in excellent health, with the exception of the odd stomach complaint that day.

With both sides resting their cases the matter was turned over to the jury, the entire proceedings had only taken an hour.

“Well I will give them the part about justice being swift,” Heyes muttered to himself as they filed out after receiving their instructions. He knew he should be pleased things had progressed so quickly, but for some reason couldn’t quite muster it.

Entering the small adjoining room they had been led into he took stock and was glad their stay was to be a short one. A long table dominated the room and on top of it a collection of pencils, scraps of paper, cups and a pitcher of water. It was surrounded by twelve chairs and in the corner giving off some much appreciated warmth was a potbelly stove that came complete with a full coffee pot.

The room itself was small with no windows, but did contain two doors, one leading back into the courtroom and a second that led out into an alley between the hall and jail.

“I’ll be here when you fellas make a decision,” Harker told them. “Ceptin in case you take too long then I’ll be on my rounds and you’ll have to wait.”

And with a smile that suggested he didn’t think that was going to happen Harker shut the door.

All twelve men took a seat and looked at each other. Heyes, sensing there would not be a fight for leadership and wishing to be gone as quickly as possible, finally got to his feet and addressed the room.

“Looks like we need to take vote and see where we stand. Everyone get themselves a pencil and paper. Good. Now everyone write either guilty or not guilty, fold it, and return it to me for a count.”

The group complied silently and a moment later Heyes was reading the ballots aloud.

“Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty…Not Guilty?” Heyes stared at the room as everyone looked around startled.

“Who voted not guilty?” Mr. Simms, the Dentist asked astounded.

Kid looked up poker faced, “I did.”

***********************

“Well looks like they are going to take their time about it,” the Judge said shutting his watch after ten minutes had gone by. “That offer of coffee and pie still open at your house Porter?”

The banker beamed, “It is indeed judge!”

“Harker you let me know when those folks make up their mind,” the Judge told the deputy and left the courtroom.

Sensing nothing was going to happen immediately the crowd retired to the saloon to discuss the case and how soon they thought the hanging would be.

No one thought they would have more than an hour to wait including the accused.

*********************

Heyes stared at his partner in shock, “You?”

“I don’t think he did, least wise I don’t see how he could have,” Kid said simply. “That whole thing about the dead man getting shot with both guns just doesn’t sound right.”

“Can I talk to you a minute?” Heyes growled and pulled his partner over to the corner. “What are you doing? Every minute we stay here we are risking someone recognizing us. It was bad enough I let you talk me into catching that bunch and bringing them here!”

“Joshua going after them was your idea, you even figured out where they would be hiding,” Kid said quietly.

Heyes glared at him, “All right, but I wanted to turn them in where we found them, not bring them all the way back here!”

“That wouldn’t have helped Lom and you know it,” Kid said his calm demeanor infuriating.

Heyes opened his mouth to say something, but then exhaled instead trying to calm down. He knew that stubborn look in his partner’s eye and arguing without reason would only make him dig in deeper.

“Thaddeus did you ever consider that if 11 of us think…” Heyes said loud enough to be heard by the rest of the room.

“Actually Mr. Smith I think he might be right,” Assistant Undertaker Jackson said meekly raising his hand slightly as if he was still in grade school.

Heyes shot Kid another glare and then turned on the bookish young man. “Then why did you vote guilty?”

Jackson squirmed in his chair, “I didn’t want to be the only one who voted not guilty.”

“What if he was innocent!” Heyes roared disgusted by such cowardice.

The man bowed his head and said nothing.

“Not that he is,” Heyes quickly said back to his partner.

“Perhaps if they explained their doubts we could sort through them and find some common ground?” Simms the Dentist said pleasantly as if nothing else could please him more. Everyone nodded and began to talk excitedly and it was clear being asked to decide this case was the most important thing that had ever happened to any of them and they were in no hurry to let the experience end.

Rolling his eyes Heyes took his seat at the head of the table and scowled at his partner. “All right explain.”

Another man might have backed down faced with such a dark look and truth be told the rest of the room all dropped their eyes with the exception of Bowie who seemed to be enjoying the tug of wills between the two.

As for Curry it rolled off him like water on a duck’s back and ignoring his cousin he turned his attention to the other men and spoke with a confidence that said much of his experience at situations where he and his partner had disagreed.

“Man was shot with two very different kinds of guns. Now the 44, the Colt Army Revolver, is carried by a man comfortable using a weapon. Lot of people bought them surplus from the army 'cause you can always get bullets from a garrison or off a soldier short of money in a saloon. From where I was sitting I would guess that was an 1860 and since it was in prime condition someone took care of it.”

“Right you are sir!” Bowie the blacksmith said approving of Kid’s knowledge of weapons. “I knew that was Mr. Washington’s gun the minute they held it up. He brought it in for me to fix the barrel on it about a year ago. Told me then he’d had it for over 15 years. He was a rather tight fisted old miser and wouldn’t even consider upgrading it as long as it was in working order.”

“Now the 22 in fire Little Colt, that’s one of them gentlemen’s pistols,” Kid continued. “If I can see a fella like his son owning a gun it would be that one. Real hard to kill a man with a gun like that unless you get up close and hit something vital…several times.”

“So what is the problem?” Heyes said exasperated. “When the 22 didn’t kill him he used his father’s gun to finish it!”

“That’s impossible,” Jackson the undertaker assistant said suddenly. “And that’s what had been bothering me. It was the bullet to the head, the 44 that killed him. He was dead at least a few minutes before the second gun’s bullets entered him.”

“How do you know that?” Heyes asked amazed.

“I dressed the body. There was no blood from the 22 bullet holes, they didn’t bleed. You see after the heart stops pumping the body doesn’t bleed like it does normally. The first bullet quite literally blew his brains out stopping his heart from pumping. It killed him immediately and most completely.”

“Then why did the son shoot him with his gun as well?” Kurt the carpenter asked confused.

“Well maybe he was all riled up and just shot him a few more times cause he was pissed off bad,” Douglas the cowboy theorized. “My partner did that once with a cow that got itself killed in some razor wire. Damn near emptied his gun into it he was so disgusted.”

“There!” Heyes said triumphantly to his partner.

“But how did the son get the 44 from his father to shoot him in the head?” Kid said.

“I don’t know maybe he found it and decided to use it instead,” Heyes said trying not to think too hard.

“Then why bring his own gun as well? Besides he had only been in the house 2 hours didn’t give him a lot of time to not only find where his father kept his gun, but take it!” Kid said arms still folded.

“Maybe they fought over the gun and it went off like they said,” Harvey the second carpenter offered.

“That’s what I can’t figure,” Kid said with a sigh. “The only reason his father would go for his gun is if the son walked in with his drawn and threatened him. But to get close enough for that shot to the head he would have had to let a man with a gun pointed at him walk straight up to him.”

Heyes frowned, his partner was making a lot of sense and it was the last thing they needed.

“Then there is the fact one gun is missing,” Kid continued. “They have the 44, but no sign of the 22 that supposedly is owned by the son. What did he do with it if the doctor walked in right after it was fired?”

Everyone looked at each other.

“Maybe the sheriff overlooked it,” Miller the telegraph aide ventured hesitantly.

“No, not Lom. Harker got there first, but he arrested the boy immediately on the Doctor’s accusation. When Lom got there he would have had the place thoroughly searched,” Heyes said shaking his head. “I know him, he wouldn’t miss anything like that.”

“And if your gonna find a way to hide a gun that fast and well, why not both?” Kid asked.

“Oh I can answer that!” Jackson the undertaker said proudly. “It was stuck in his hand!”

“Stuck in his hand?” Heyes and Curry said in unison.

“Doctor said it was some kind of spasm that happens sometimes after a man dies suddenly.”

“Oh he means a cadveric spasm,” Simms the dentist explained. “Happens sometimes; why I had a man die in my dentist chair once and it took four men to pry his hands off the arm rests.”

Heyes swallowed making a mental note to never need a dentist in Porterville and looked at Jackson, “So the dead man’s gun was stuck in his hand?”

“Yup took three of us to pry the gun loose at the mortuary,” Jackson added.

Heyes looked at Kid, “You still don’t think they could have wrestled for his gun and it went off?”

“Joshua I can buy that they were fighting and maybe the son pulled a gun and so the dead man pulled his, but then why didn’t the son just fire his gun and why didn’t we have at least a bullet hole in the wall from where the father tried to make him stay back?”

“Because the Army Colt only had one bullet,” Jackson said and backed up his chair when everyone turned on him.

“It only had one bullet?” Heyes asked for everyone.

“Yes,” Jackson said flustered. “I remember the sheriff thinking it was rather odd.”

Heyes leaned back considering all this. A theory was forming and he didn’t like it one bit, finally he looked at his cousin.

“What if we go over to where it happened and re-enact it and I show you how it happened will you be happy then?”

Kid nodded, “That’s all I’m asking.”

“Which house is Washington’s?” Heyes asked getting up.

“Second to the last house on the left of town,” Reed the merchant said surprised.

“Can we do this?” Thuesen the bank clerk said getting excited. “I’ve never been in his house before! I hear it is marvelous!”

“Well the Judge told us to review the evidence and were not going to agree until we do,” Heyes said going over to the door out onto the alley which unlocked from the inside since no one had ever once considered the idea of a jury just up and leaving.

“You want us all to come?” Bryant the stable hand said startled at feeling so apart of something so dramatic.

“Well it would save time over us all going over there one by one,” Heyes said dryly. “And believe me we are all not going anywhere until my partner is satisfied.”

Kid refused to be baited and left the room followed by the rest of the excited group that slipped by the town unnoticed owing to the fact no one had ever seen a jury take field trip before.

*****************************

The Washington house was in mourning with a black crepe wreath all ready on the door as the housekeeper Martha Joiner opened the door and gasped startled at the group assembled there.

“I’m sorry gentlemen but the viewing isn’t until tomorrow after the trial,” she said clearly overwhelmed.

“Were not here to pay our respects ma’am,” Kid said simple.

Worry sprang up in her eyes and Heyes instantly moved beside her.

“What Mr. Jones means ma’am is not in the conventional sense,” and before she knew what had happened he was standing in the house with her. “We are with the court…” Suddenly he stopped. “But here I am explaining things to you out in public, forgive me. Gentlemen!” he said sharply and everyone stood up a little straighter at attention. “Lets not keep the lady standing in the cold,” Heyes directed ushering everyone in before she could stop him.

“But sir you all just can’t come traipsing in here! This is a house of mourning…” Martha said wringing her hands flustered as Heyes expertly took control.

“I completely understand…Martha wasn’t it?” he asked with a sincere smile as he led her by the elbow into the drawing room. “I’m afraid we are under orders from the court ma’am, but I think you will agree gentlemen that the lady’s needs should first be seen to?”

All the men agreed with nods and assurances and so taken back was the spinster by all this male concern that she allowed herself to be led into the lounge and seated next to Mr. Bowie who suddenly seemed of all things shy at being put in such a position, but made no effort to move.

“Mr. Thuesen, the lady looks like she could use a cup of tea?” Heyes said knowing Thuesen would be enthusiastically up to the task.

“Oh yes sir! I’ll be right back dearie,” he said tapping her hand comfortingly and a moment later the sound of clinking china could be heard.

“The Judge didn’t say anything about you all coming by,” Martha said still worried.

“You are an amazing woman holding up so well,” Heyes told her.

“Well it has been such a trying time,” she said dabbing the corner of her eye with her apron and then smiling appreciatedly as Heyes snapped his fingers for a hankie and it was passed down and offered to her with his best smile.

She blushed and looked down and the rest of jury glanced at each other with new respect for their foreman.

“Miss Joiner we have a few questions about the case that can only be resolved if we see where the crime occurred,” Heyes told her honestly. “You understand we only want justice to be done.”

Martha Joiner slowly nodded. She was a good God fearing woman and the fact that her employer’s son could hang depending on their decision was not lost on her.

“Here we are a nice cuppa!” Thuesen said happily setting down the tea tray. “Shall I pour?”

“Oh dear the best china! You didn’t have to do all that!” she said flattered by all the male attention.

“Which room is the study?” Heyes asked softly.

Her hands visibly shook on the question and she put down the cup into its saucer. “Next room down, but, but I haven’t been able to clean up in there yet…my sister said she would come by later after the trial to help...”

“Completely understandable,” Bowie grunted his approval and looked around defying anyone to disagree. She blushed at his understanding and visibly relaxed.

“Ma’am you just have you tea and join us if you feel up to it,” Heyes said and directed the group to follow him into where she indicated the study lay.

The room was large taking up a good corner of the ground floor. Double doors led from the hall way into a room with two windows and just the one entryway. A large desk was in front of the end window and like the room was distinctly masculine in dark mahogany wood. Several hunting pictures hung on the walls with one over the fireplace opposite the desk.

Everything about the room was polished and tidy except the bloody stain on the left wall next to the desk where most of Washington’s blood had splattered.

“For a man with little cash he lived well,” Harvey the carpenter said looking around.

“Must be at least 15 feet from the door to his desk,” Kid said pacing it out to be sure. “If his son intended to kill him he needed to get closer.”

“Maybe he didn’t know the gun was…inadequate,” Thuesen said coming in with Martha. “Maybe he bought it just to defend himself on this trip west.”

“Oh Mr. Stuart hated guns,” Martha piped up suddenly. “His mother died in a shooting accident, never could abide being around them after that.”

Everyone looked at her.

“Did I say something wrong?” she asked.

“Why didn’t you mention it at the trial?” Douglas the cowboy said confused.

“Oh Dr. Lichlyter said it was of no never mind as it was a crime of passion.”

Heyes meanwhile had walked over and was sitting at the desk thoughtfully.

“Martha where did Mr. Washington keep his gun?”

“In his desk sir, locked in the middle drawer. I saw him take it out once when he was packing for a trip. Very careful he was with it too.”

Reaching down Heyes opened the drawer and pulled out a wooden box constructed for the purpose of housing the weapon in question. As everyone watched he pulled out a box of bullets.

“Well that answers the question of whether he had enough ammunition to load it,” Heyes said and quickly took stock of the desk. There was a ledger, a few letters and a small brown corked medicine bottle with no label. Curious Heyes opened it and smelled it pulling away at the tart citric smell. Setting it down he thought for a moment and then looked up. “Thaddeus sit here and you be Washington senior. I’ll be Stuart.”

His partner took his seat and on Heyes’s orders pretended to be writing. Heyes walked in and made as if he was going for a gun.

Kid dived for the drawer and the box, but even with his lightning reflexes and knowing what was coming Heyes was able to get off two pretend shots before the second weapon was in use.

“And that’s presuming the drawer wasn’t locked,” Kid said looking at Heyes.

“Doesn’t make sense,” Heyes said annoyed pacing. “It all points to the 44 being out and aimed at the son and the boy rushing him.”

Kid looked neither smug nor vindicated, merely turned the chair he was still seated in and studied the stain on the wall on his right hand side. “Seems he stayed seated whatever happened.”

Heyes walked over and glanced at the blood stain and the low height on the wall, “Was Washington left handed?”

“No sir,” Martha said.

He and Kid looked at each other and suddenly Kid turned to face the window behind the desk. The stain was now on his right side.

“He was looking out the window?” Heyes said now even more confused.

“Maybe the chair spun round?” Harvey the carpenter suggested.

“Possible,” Heyes nodded and then turned his attention to a picture of a fox hunt on the wall. “Is that the safe?”

Martha looked surprised, but nodded.

“Pity we can’t have a look in there,” Reed the merchant said wistfully and when everyone looked at him he continued. “Well the boy did say he was promised a fortune…”

Confidently Heyes walked over and pulled the picture away and smiled at the tumbler waiting. Leaning in he began to turn it and listen.

“Sir I don’t know the combination…” Martha said concerned.

“Not a problem ma’am, my partner is a security expert, helped the Porter’s with their safe at the bank,” Kid told her softly.

“They caught the McKenzie brother’s on their own!” Thuesen told Martha proudly.

“Don’t you be worrying about a thing ma’am,” Bowie the blacksmith said towering over her. “We won’t leave a thing out of place.”

“You are too kind Mr. Bowie, of course.”

A full fifteen minutes went by before Heyes finally pulled the handle down and was greeted with applause. Kid rolled his eyes his partner was hard enough to live with as it was.

“What’s in there?” Simms asked as everyone crowded around.

“Stock, stacks of them, Rose Mountain Mine,” Heyes said. “That’s about it.”

“I guess he was broke,” Bryant the stable hand said disappointed.

“Rose Mountain…something about that name…” Heyes wrinkled his nose concentrating. “Seems I remember something about the railroad and that.”

“Oh that’s the one they all bought stock in on Mr. Washington’s recommendation and then lost every penny when it proved worthless,” Reed explained.

“No…something else,” Heyes turned on Miller the telegraph operator. “Miller can you wire New Mexico and see what you can learn about this?”

“Yes I know an operator at the territorial capital he might have something.”

“Good, wait for his reply then meet us over at the morgue.”

Everyone turned startled.

“The morgue?”

“I wanna take a look at what’s left of Mr. Rufus Washington.”

********************

The Mahoney Funeral Emporium was empty upon their arrival it being supper time, but Jackson had no trouble gaining entrance and took them all quickly into the ‘preparation for burial’ room where Rufus Washington lay out naked on a stone slab table with a sheet over him.

“We are just tidying up the body for the viewing. Its proving a little more difficult than normal,” he explained clearly relishing being the center of attention as Mr. Douglas hurried outside to be quietly sick.

Swallowing Heyes pulled back the sheet and had to look away for a moment. He had seen far too many dead men in his short life and head wounds were always the worse. This one however was especially vicious as it looked like the top of his head had been blown off.

“Thaddeus you ever seen a bullet do that?” Heyes asked confused.

His partner, a shade paler, but otherwise poker faced shook his head. “Nope, bullet wouldn’t do that unless you shot up inside him.”

“What do you mean?” Reed whispered for them all.

“Barrel of the gun that killed him was in his mouth,” Kid said simply.

Everyone stared at him.

“He’s correct,” Jackson said.

“What about the claims that he was terminally ill?” Heyes said staring at the body.

“Nothing, that we noticed, certainly nothing terminal.”

“So he wasn’t sick?” Harvey said.

“But maybe,” Heyes said softly, “He thought he was!”

************************

“Been nearly two hours!” the judge frowned snapping shut his watch. He was holding court in the Porter mansion with the banker, Dr. Lichlyter, the mayor and an assortment of well to do locals. “Can’t understand what is keeping them.”

“I’ll send someone over to see that Trevors check on them,” Porter said annoyed his daughter’s piano recital for the judge had been interrupted.

“Better yet let’s all go over there,” the Judge said seeking to escape any more culture. “I’ve got a train to catch.”

***************************

“What does it say?” Kid asked trying to see over Heyes’s shoulder as they all hovered next to him and the filing cabinet trying to see the contents of the file Heyes was silently reading.

“Man was healthy as a horse until about three months ago,” Heyes said. “Then Dr. Lichlyter ordered some tests done in Denver, got some receipts for them there.”

“Are you sure we are allowed to go through the Doc’s files?” Reed said nervously.

“Whenever possible we always request the medical records of the deceased,” Jackson said practically, clearly enjoying himself. “The Doctor gave them to us freely!”

“Reed we are deputized officers of the court!” Thuesen told him haughtily. “Anything else?”

“Medication prescribed…citric acid?” Heyes said handing a list of ingredients over to Simms who frowned at the long list of items that had been mixed for the patient.

“Lemon juice, kayan pepper…, I don’t know what this would cure you of, but it sure would get your stomach’s attention!” the Dentist said confused.

“How bad?” Heyes asked.

“Make you wish you were dead.”

*************************

“You know what happened don’t you?” Thuesen said as they all hurried after Heyes as he strode briskly towards the back door of the jail.

“I’ve got me an idea, but we need to talk to Stuart first,” Heyes said entering the jail from the back door to find Lom handing out supper.

“What in the…did the jury come in all ready…wait a minute no one came for…Smith, Jones what are you up to?” Lom roared.

“Need to talk to the defendant,” Heyes said striding up to the young man’s cell with the rest of his newly formed gang.

“Talk to the defendant…you can’t do that you’re the jury!”

“Ain’t gonna hang a man who might be innocent,” Kid said simply and the others now completely jelled into Heyes and Curry’s newest gang backed him up with a few grunts of approval.

Lom looked heavenward.

“I didn’t kill my father,” Stuart said on his feet suddenly hopeful someone at last was going to listen to him.

“Yea were starting to think that too,” Kid said. “But we gotta know something, what did your father tell you was wrong with him?”

“Said he had a cancer of the stomach, had a bunch of bottles of medicine he took even while he was talking with me. Seemed in terrible pain. I suppose I should have taken more pity on him, but after what he did leaving my mother, I guess I always held her death against him.” He looked up sharply realizing what he had just said, “But not enough to kill him!”

“Do you own a gun?” Kid asked quietly.

“No sir nor do I know how to use one!”

Heyes and Kid looked at each other.

“Would someone mind telling me what is going on?” Lom growled.

“Lom did you find any medicine in Washington’s study when you looked for the gun?”

“Found bottles, no labels on them, all empty,” Lom said firmly. “Now what is…”

The door suddenly burst open and Miller the telegraph operator burst in out of breath.

“Took me a while to find you! Mr. Smith you were right!”

Heyes took the paper from the man and read it and then handed it to Kid who whistled.

“Would someone please tell me what is going on!” Lom yelled.

“Sit down Lom I’m gonna tell you a very interesting story.”

*********************

“All rise, the Wyoming Territorial Court, Judge Harris presiding is now in session,” proclaimed the court clerk and as the judge took his seat the jury and audience did the same.

“Gentlemen of the jury have you reached a decision?” he asked the group.

Heyes stood up, “Yes your honor.”

“What is your decision?”

“Your honor after much deliberations and consideration of the evidence we conclude the Rufus Washington committed suicide using his own gun, the Army 44.”

The room burst into a frenzy of voices and the judge was forced to bang his gavel down several times to reclaim order.

“Young man what is the meaning of this?” the Judge glared and to his amazement Heyes didn’t flinch merely stepped out of the jury box.

“The deceased committed suicide your honor…with extenuating circumstances.”

“Tell me young man do people often manage to shoot themselves 4 more times after blowing their brains out where you come from?”

“Oh he didn’t fire the shots from the 22 your honor, Dr. Lichlyter did when he came in and discovered the body. I believe if you do some checking you’ll find he owns a 22 little colt, which he carries in his bag for protection,” Heyes said politely. “Mr. Reed of the Mercantile confirmed he has purchased several boxes of that caliber in the past when he checked the store’s records.”

“This is insane!” the doctor said on his feet.

The Judge stared at Heyes, “When he checked…”

“Yes your honor and when we investigated the scene of the killing…”

“You investigated the crime scene?”

“Well all of us did,” Heyes said pleasantly and everyone nodded happily.

“I do not believe this.”

“But it was at the morgue…”

“You went to the morgue too?’

“Well we had to see the body.”

“Of course you did,” the Judge said rubbing his temples.

“Your honor Mr. Smith and the jury came to me with their findings,” Lom said hobbling up. “I believe it would be in the interest of this court, this town and justice to allow him to continue.”

The judge frowned, but he was clearly intrigued, “Go on Mr. Smith.”

“Your honor all this was set in motion six years ago when ten business men in this community, including Dr. Lichlyter, invested in a silver mine. As everyone is aware the mine went dry forcing the investors to lose their money, some, like the Doctor, Mr. Thuesen, our banker informed me, their entire life savings.”

Thuesen beamed, pointed to himself and then waved to his mother.

“But a strange thing happened a little after the mine went dry. Mr. Washington, a man known openly as being frugal and parsimonious made the magnanimous offer to buy back everyone’s stock. Of course it was only for mere pennies on the dollar, but he said he felt remorse at leading his friends into the speculation and wished to make amends. In the end he not only ended up with his reputation and friendships intact, he also had all the deeds and rights to Rose Mountain.

But unknown to everyone connected with the investment, with the exception of Mr. Washington, the railroad was interested in the land the mine was on, specifically the mountain where the mine was located. It needed to carve a tunnel through it to complete a railway line. Mr. Washington leased the land to the railroad and at their expense let them open up the mountain for him to mine and reach previously hidden veins of silver. Mr. Washington died a very, very rich man.”

“All right I can see why the doctor might want to kill him for that, but you just said he shot himself,” the Judge said leaning forward with everyone else.

“Dr. Lichlyter learned of the treachery of Mr. Washington and was consumed with rage. He knew there was nothing he could do, Washington had brought all the stocks legally from his friends, and he owned the mine, however unscrupulous it was legal.

So he came up with a scheme to force Washington to ‘repent’ shall we say and who repents better than a dying man?”

Heyes pulled a small vial out of his pocket. “Dr. Lichlyter prescribed this acidic combination to Mr. Washington for an odd stomach ailment. On their own they are harmless natural ingredients but together prescribed to be taken daily before each meal they would cause even greater stomach distress to the point of being unbearable. In fact the suffering became so bad that Mr. Washington, as Lichlyter knew he would, requested some tests be run. Unknown to the deceased they came back negative, but Dr. Lichlyter told his friend that he had a rare form of stomach cancer that would kill him in under a month.”

“Well why didn’t he get a second opinion?” the Judge asked fascinated.

“Man was too cheap to even pay Lichlyter for his services and why should he think his friend would lie to him?” Heyes stopped and turned on the Doctor.

“I believe Doctor you enjoyed watching the old fox suffer and worry about his impending mortality, but you never meant for him to die. When you walked in and found him dead you were horrified. And to make matters worse you realized all the stock and money would now go to his son and once more you and the fellow investors would be cheated out of it.”

So that’s when you came up with the idea to make it look like murder. With his son convicted the fortune would be left to probate and the truth would come out allowing you and your fellow investors to reclaim your stocks after a little legal wheeling and dealing.”

“He was going to let an innocent man hang?” the Judge said aghast.

“No I don’t think so,” Heyes said walking up to the Doctor and taking his bag from him. “I suspect he was planning on one of his visits to slip his gun, the 22, to Stuart to help him escape. What could be more touching and believable than an old friend of his father, the man who was the doctor at his birth, wanting to help him. Stuart would escape the noose, but be on the run for the rest of his life, but the Doctor’s conscious would be clear of at least one death.”

Heyes reached into the bag and then frowned when he could not find the gun.

Suddenly the sound of gunfire erupted from out in the street.

Heyes looked up sharply, “You gave it to the McKenzie’s!”

Lom hit the doors of the court first ignoring his leg and getting off a shot that brought one of the men down with a cry.

Kid was right behind him and downed a second. The wounded Billy merely raised his hands terrified as Harker ran up and pulled him from his horse.

“I thought they could help him get away,” the Doctor said mortified. “I never meant for anyone to get hurt!”

“Sheriff got them Judge!” someone yelled out. “But they are all wounded now!”

“Dr. Lichlyter I believe you have work to do and were going to make it easy on you since your going to be joining them in that cell. Take him away.” He turned his attention to Stuart. “Stuart Washington I find you Not Guilty of all charges! Wait just one minute gentlemen!” the judge said ominously as the jury rose to leave. “I’m not through with all of you yet. What you did was against all the rules of…”

“Actually Honor you did tell us to look at all the evidence,” Kid said innocently. “And you never mentioned we had to stay in the court to do it.”

The Judge stared at the 12 men and their audacity and finally shook his head. “In the interest of justice, my daughter’s wedding and my sanity, I am not going to press charges against any of you, BUT I don’t want to ever see any of you on a jury that I’m presiding over again is that understood?”

“Yes sir!” the 12 men replied.

The judge rolled his eyes at their smiles, “Case dismissed!”

******************************

It was just after dawn as the three friends stood on the train station platform. Both Heyes and Curry had insisted to the lawman that he didn’t need to see them off, but Trevors admitted he would not exhale until he saw them both safely out of his town unrecognized.

The revelation of the truth and the attempted jail break had allowed the two outlaws to quietly slip away to Trevor’s house feeling it best to leave town quickly and quietly the next morning on the early train.

“Don’t see any sign of Stuart,” Heyes said looking around. “I thought he wanted to be on this train?”

“Seems he’s had a change of heart,” Lom said then grinned. “Or was worried about what the other investors might do now that he has all the stock. With Martha’s help he’s going to sort through it all and return what his father unfairly took; seems like a good kid and it sure will help a lot of folks in this town rest easier.”

“So what are you gonna charge the doctor with?” Kid asked finally. They had spent the evening with a bottle of whiskey reminiscing about a few jail breaks of their own and hadn’t let talking about the trial ruin their memories or their lying in the re-telling of them.

Lom shook his head, “Damn if I know. Leave that to the lawyers. Ain’t gonna be easy convicting a man of murder using lemon juice!” He squinted wickedly at the two men as the train pulled up to the station and began unloading the mail. “The judge was real impressed with you boys; said you have a spot in his court any time!”

“Oh we always knew that,” Kid said with a shudder.

Lom laughed, “Seriously he thinks you’d both make good lawyers.”

“Lom that is not funny were trying to go straight,” Heyes said with mock horror and offered his hand. “Take care of yourself.”

“You boys as well, I’ll be passing this little story on to the governor, just do me a favor though? Next time you feel like doing your civic duty? Don’t pick my town!”

**********************

“All right Heyes out with it,” Kid said finally as the two slumped into seats across from each other on the southbound train and were relieved to find they had the rail car to themselves.

“What?” Heyes said looking up still not giving him his full attention.

“You know what; something has been gnawing on you since we left that court room. You aren’t this quiet when you’re asleep,” Kid said grumpily and if he were honest a little annoyed his partner hadn’t confided in him.

Heyes looked down and to Kid’s surprise almost seemed embarrassed.

“You realize he would have got away with that if not for you,” Heyes said quietly. “An innocent man could have been hung or on the run for the rest of his life if you hadn’t had the guts to speak up.”

Kid finally understood, “Just felt wrong, but I couldn’t prove anything, you solved it.”

“Only after you prodded me,” Heyes said annoyed with himself.

“That what’s bothering you?” Kid asked concerned. “Heyes you were doing the right thing trying to keep us alive and out of jail.”

“Yea, but I don’t like what I was willing to overlook to do that.”

Kid suddenly broke into a grin and started to laugh.

Annoyed Heyes frowned, “That’s funny to you?”

“It’s finally happened. A lot of people doubted it, but for the first time Heyes I think maybe we really have a chance at that amnesty.”

“What are you talking about?”

“You’ve come over to the side of justice. You were always a good man, willing help anyone in need, but putting yourself and me first, well that was the priority out of survival. A year ago you would have talked me into voting guilty, hell I might have no matter what I thought and we would have tried to do something from a distance. But for the first time the right thing was the most important thing no matter what the consequences. Congratulations Heyes you just became a man of integrity.”

Heyes blinked and slowly leaned back considering this. Several minutes went by until finally he looked at his cousin, “You sure you’re not saying that to make me feel better?”

“Nope.”

Heyes managed a slight relieved grin, “Integrity huh?”

“You’ve become the man your mother always said you would.”

Heyes looked worried, “My mother wanted me to go into the church.”

Kid grinned, “Because your mother thought you were the only person alive who had a chance at out talking the devil. And I think you just proved her right!”