He had little time for speculation. He was escorted to a chair near the bar, while the judge, Buck Taylor, had been provided with a desk on a small platform. It placed him in a position of authority, where he could look out over the crowd from his chair. The man didn’t have a gavel, but used the butt of a gun to hammer on the desk top to call the meeting to order.
‘We are gathered for a hearing to determine whether Kyler Dane is to face trial for murder,’ he announced in an authoritative voice. ‘The prisoner is charged with killing Strap Adere.’ He put a hard look on Kyler. ‘How do you say, Mr Dane?’
‘Not guilty, Your Honor,’ Kyler replied.
‘We don’t have any jack-leg lawyers in Surlock, so I’m allowing you to present your own defense for this here hearing … unless you have someone else you want to speak up on your behalf.’
‘No, Your Honor,’ Kyler said. ‘I’ll talk for myself.’
‘As I don’t know you, and had very little personal contact with your victim, I will handle the
questioning
for both the prosecution and defense. Is that acceptable to you?’
‘Yes, Your Honor.’
‘Very well.’ Judge Taylor tapped the butt of the pistol on the countertop. ‘I order this hearing to proceed.’
Kyler sat in silence, while both Skinny Davis and
Mugs Elder told their story. It was well rehearsed. Each of the men claimed they had walked into the barn at the very moment he had shot Strap down in cold blood. The judge asked for a reason, but neither man could offer a motive, except for the fact that Strap had been getting a little rough with Nat. After their testimony, the judge looked at the livery hostler.
‘Mr Osborn, what can you add to this story?’
‘Strap liked to walk the big walk,’ Nat said. ‘He come in and started knocking me around. I didn’t see the fight’ twixt him and Kyler Dane, but I can assure you it was a fair fight. Dane ain’t no murderer.’
‘What was Mr Adere’s reason for assaulting you?’
‘He and his boys were planning to make some kind of attack on the Yates freight outfit. Reckon you know them boys work for Huxton, and the two express companies are in competition for the freight and stage business hereabouts. Anyway, Strap thought I might have overheard something and was intent on shutting me up.’
‘And did you overhear any such plan?’
‘No, Your Honor, I got myself caught peeking through a window.’
The judge noted Nat’s statement.
‘Concerning the actual shooting, you were
unconscious
for the pertinent part of the fight?’
‘By the time I come to, Skinny and Mugs were holding iron on Dane.’
‘Thank you, Mr Osborn. That will be all.’ Judge Taylor put his regard on Kyler.
‘Your turn, Mr Dane,’ he said evenly. ‘What do you have to say about the shooting?’
‘I entered the barn and caught Strap working over Nat Osborn,’ Kyler began. ‘When I ordered him to stop, Strap turned around to face me. We both had our guns in our holsters at the time. I was willing to settle any dispute with fists, but he went for his gun and I had no choice but to shoot him.’
‘What about Skinny’s and Mugs’s testimony that you killed Strap in cold blood?’
‘They didn’t enter the barn until Strap was already down. That was when they decided to frame me for murder, by returning Strap’s gun to its holster.’
‘And why would they want to frame you?’
‘They believe I’m the man who stopped them from starting a fire to burn down the Yates’s supply shed a few days back.’
The judge frowned. ‘Burn down their shed?’
‘Yes, sir.’
The judge also filed that information away. ‘And were you the one who caught them?’
Kyler sighed. ‘Yes, Your Honor. They each had a can of coal-oil, ready to douse the shed and set it afire. I tied them over their horses and sent them back to town.’
‘I remember,’ the judge said. ‘My wife was among those unfortunate ladies on the street who witnessed their unseemly arrival. Why did you do that?’
‘It’s no secret that I’ve been trying to court Miss Yates,’ Kyler admitted. ‘I was going to see her, so I could apologize for an incident which happened between us earlier in the day. That’s when I spotted two men sneaking around. It turned out to be Mugs and Skinny.’
‘But they work for the same man as you.’
‘I hired on as a teamster. No one said anything about sabotage.’
The judge frowned. ‘I begin to think we might have to look at other charges before this entire affair is cleared up.’
‘If I may, Your Honor, I think I can prove to the court that I did not kill Strap in cold blood.’
Judge Taylor displayed curiosity.
‘And how would you do that?’
Kyler took a deep breath. ‘I would like to perform a little demonstration.’
‘A demonstration?’ the judge asked. ‘One that would clear you of murder?’
‘Yes, sir, I believe it would.’
‘And what would you need for your demonstration?’
‘My gun, two volunteers and two mugs of beer.’
Taylor raised his eyebrows at the bizarre request.
‘You want this court to give you a loaded gun and two drinks?’
‘Yes, Your Honor,’ Kyler replied. ‘It’s the best way to show the court why I would not have killed Strap in cold blood.’
‘I’ve been a judge for sixteen years, Mr Dane,’ Taylor said. ‘In all those years, I’ve never had a request like this.’
‘I admit it’s out of the ordinary.’
The judge pondered the idea for a moment, but was obviously interested as to what Kyler had in mind.
‘Very well, Mr Dane. Let’s see your proof.’
Nat brought Kyler his gun. He took it, removed the single spent shell and replaced it with a fresh round. Once it was settled in his holster he looked over the crowd.
‘I need two volunteers,’ he said.
‘I’m one,’ Nat said without hesitation.
After a moment’s silence, Mike Yates rose to his feet.
‘I’m the other one,’ he offered. ‘What do you need, teamster?’
Kyler had the men step up and gave them each a mug of beer. Then he had them stand facing one another, two steps apart, with a section of the solid saloon wall at their backs. He crossed the room until he was thirty feet away.
‘Judge, I’d like for you to count to three, in a smooth, even cadence. Nat, you and Mike hold the mugs out from your bodies, about shoulder-high. At the count of three, let them drop to the floor.’
The judge frowned at the idea.
‘You don’t intend to draw and shoot both mugs, before they can hit the floor?’ He gave a snort of skepticism. ‘You trying to get off on a plea of being crazy?’
‘If you don’t mind, Judge,’ Kyler said, beginning to focus all of his concentration on the trick. It had been several months since he had left the carnival. Was he good enough to do this? ‘Start the count.’
The judge hesitated for a moment, then began to sound off. His voice was composed, clear and precise.
‘One … two … three!’
Nat and Mike released their mugs at nearly the
same instant. Kyler’s muscle memory did not fail him. His motion was swift, smooth and deadly accurate. The sound of two bullets being fired echoed within the room like a single shot. Both mugs shattered from impact before hitting the floor.
There were a number of
ohs
and
ahs
before the room went silent. Kyler holstered his gun and turned to face the judge.
‘Strap Adere thought of himself as a fast man with a gun,’ he explained. ‘He pushed for the fight and, never having seen him in action, I didn’t know how quick he was. When he went for his gun, I was forced to kill him … but it was in self-defense.’
The judge cleared his throat, obviously impressed by the demonstration.
‘Uh, having witnessed your display of prowess with a gun,’ he began, ‘I am inclined to believe you could easily have beaten Strap Adere to the draw. I see no reason why you would have had to murder him. It is the ruling of this court that the shooting was in
self-defense
. This case is dismissed!’
There were no cheers, but a few people voiced their approval. Strap had done a lot of pushing since he arrived in town. Many of those in the audience had been intimidated by Strap and the other Huxton bullies. He didn’t have many friends.
Kyler thanked and shook hands with the judge. He turned around to find Big Mike standing in front of him.
‘You aren’t going to be working for Huxton any longer,’ Mike pointed out. ‘How about you throw in with us? We’re short a driver or two.’
‘I have something to do first,’ Kyler replied. ‘But keep the offer open for me.’
The crowd had filed out of the saloon, so Kyler and Nat headed for the door. Kyler wished he could figure a way to speak to Jessie, but the opportunity had not presented itself. As he pushed out through the batwing doors the morning sun was in his face. He felt a great relief. He was free. He had been cleared of the shooting without having to disclose his true identity or purpose.
A sudden jolt hit Kyler in the chest like a blow from a sixteen-pound hammer! He heard the vague report of a gunshot, as he staggered into Nat and felt himself falling.
‘Someone shot Dane!’ a man shouted. ‘He’s been shot!’
‘I think the bullet came from across the street,’ someone said excitedly. ‘Anyone see who it was?’
Kyler was aware of people running about, some hollering back and forth, but he was occupied with trying to find his breath, stretched out on his back. Nat hovered over him. A look of grave concern was etched on his weathered face.
‘Right through his left shirt-pocket!’ Nat exclaimed. ‘It don’t look good.’
Suddenly, a beautiful, compassionate face appeared. Jessie was there, kneeling down over him. Tears glistened within her eyes.
‘Kyler!’ she choked out the word. ‘Kyler, please don’t die!’
Eventually he managed to draw in a breath of air. There was a numbness about his chest but he actually felt very little pain.
‘I-I have …’ He gulped in a swallow of air. ‘There’s only one thing I truly regret,’ he squeaked out in a hoarse whisper.
‘What do you regret?’ Jessie asked, leaning down close.
‘That I never got to kiss you,’ Kyler replied. ‘Hate to die without ever knowing the sweetness of your lips.’
Jessie appeared strangled by her emotion, but she shook her head. ‘Don’t say that, Kyler,’ she murmured. ‘You’ll be all right. We’ve sent for the doctor.’
‘One kiss,’ he repeated. ‘It’s my last, dying request.’
In spite of the crowd gathered around, Jessie bent down and pressed her lips to his. The pain within Kyler subsided. In fact, he felt nothing but elation over kissing the woman he loved.
‘Let me through!’ the doctor shouted, pushing past the onlookers.
Jessie rose up at once, but not before the doctor saw what she was doing.
‘You starting a new procedure for saving a man’s life, Miss Yates?’
‘The bullet hit him right there.’ She ignored his remark, pointing to the hole in his shirt. ‘There doesn’t seem to be any blood, but the ambusher hit him square.’
The doctor dropped down to his knees and opened Kyler’s shirt. Kyler tipped his head forward, but was unable to see the wound. The doctor paused long enough to reach in beneath his shirt.
‘Hummm.’ The doctor removed the stout volume Kyler had had inside his shirt and sat back on his heels. ‘It would appear you were shot …’ he
thumbed through the pages and stopped, ‘let’s see – about two-thirds of the way through the book.’
‘What?!’ Jessie cried. ‘He isn’t shot? He’s not dying?’
‘The bullet is right here,’ the doctor said, pulling it from between the pages. ‘Easiest surgery I ever performed.’
‘Kyler Dane!’ Jessie wailed. ‘You conniving,
underhanded
charlatan! You lousy, lying, good-for-nothing sneak!’
Klyer groaned from the effort, but rose up to a sitting position. He lifted a hand to rub the tender spot where the bullet had struck, but he was
otherwise
uninjured.
‘I’ve never been so humiliated in my entire life!’ Jessie steamed. ‘You made me kiss you in front of the whole town! You made a complete fool out of me!’
‘Nat gave me the book to read while I was locked up,’ Kyler explained. ‘I stuck it inside my shirt and forgot all about it.’
But Jessie was not to be pacified.
‘You can take your stupid poetry and drop dead for all I care!’ she screeched. ‘That’s the last kiss you’ll ever get from me!’ Then she shoved her way through the throng of people and was quickly lost beyond the crowd.
‘You probably shouldn’t have pulled that stunt,’ Nat said, though he grinned his relief at discovering that Kyler was unharmed.
‘It was no stunt,’ Kyler argued. ‘I thought I’d been hit. You said the bullet went right through my breast pocket. I figured I was dying on the spot.’
‘Considering Jessie’s reaction, you might have been better off to have been shot.’
‘Amen to that,’ Kyler said, rising slowly up onto his feet.
‘Couldn’t find the shooter,’ Jeff Yates informed him. ‘A few of us took a look around, but whoever it was, he got away.’
‘Can’t blame him for trying to kill you from a distance,’ Phoenix Cline was the one to speak. ‘Won’t be a man around who wants a piece of you after
hearing
about your little demonstration in the saloon.’
Kyler drew in a deep breath, still shaky from his close call with death. He hid his apprehension and stared at Phoenix.
‘I don’t suppose you know who took the shot at me just now?’
‘I was behind you as you came out of the saloon, so I didn’t see anything. Best guess would be one of Strap Adere’s friends.’
‘Funny, I didn’t think a man like him would have any friends.’
‘And I didn’t think you were fool enough to buck the long odds, Dane. You go up against Huxton and you go up against me.’
‘Even if he’s behind robbery and sabotage?’
‘I’ve never heard him give an order to do anything illegal against the Yates line.’
‘He’ll make a mistake soon enough,’ Dane said. ‘And I’ll be there.’
Phoenix didn’t respond to the threat. Instead, he smiled.
‘Pretty good trick, shooting those two beer-mugs. I
knew I’d seen you before.’
‘Glad I could offer you some entertainment.’
‘Be seeing you around, Dane,’ Phoenix said,
flashing
him a wink. Then he shouldered a couple men aside and left the gathering.
As Kyler wasn’t really hurt, he shook the doctor’s hand for coming to his aid.
‘Thanks for extracting the bullet from my book, Doc.’
‘No charge this go around, Mr Dane,’ the doc replied. ‘Don’t get shot again.’
Kyler nodded at his warning and he and Nat started toward the livery.
‘What now, son?’ Nat asked. ‘After admitting you waylaid Skinny and Mugs, then killing Adere, you can’t figure to be working for Huxton any longer.’
‘No, I reckon not.’
‘So how are you going to get any proof against the man now?’
‘Knowing that Buck Taylor is an honest man, I’ve got an idea that might work.’
‘He’s retired from the bench, except for an
occasional
hearing or local complaint. What help can he be?’
‘He can be an honest, reliable witness, Nat. That’s all I need.’
Huxton was with Phoenix, discussing the hearing and shooting at the saloon, when Wanda opened the door to his office.
‘A town runner delivered this.’ She held out a piece of paper. ‘He said the telegram was sent as urgent.’
Phoenix was closer, so he took the paper and waited for Wanda to leave. He stared at the piece of paper and uttered a cynical grunt.
‘This ought to come as a real surprise, Hux.’
Huxton read the message and swore.
‘Kyler Dane is an impostor! The man took Dane’s place to infiltrate and destroy my operation.’
‘I thought we had ruled out that he was hired by the Yates family.’
‘What other answer is there?’ Huxton roared. ‘He was sent here to ruin me. It’s the only thing that makes sense.’
‘Hired by who?’ Phoenix asked. ‘Maybe he’s a lawman.’
‘If he’s a lawman, why not tell the court and have himself declared innocent by reason of doing his sworn duty?’
‘Carrying a badge doesn’t give a man the right to kill in cold blood.’
‘Yes, but it would have probably been enough to convince the judge that he gave Strap a chance to draw against him. You saw our case against him – Mugs and Skinny!’ He uttered a snort. ‘I wouldn’t believe them if they told me the sky was blue.’
‘What about these attacks against the Yates line?’ Phoenix changed subjects. ‘You’ve been telling me all along that there is nothing illegal going on here.’
‘I don’t know everything that Strap was up to. He was in charge of keeping our wagons on schedule and overseeing the crew. If he was behind any robberies or sabotage, I didn’t know about it.’
Phoenix didn’t swallow that answer. ‘What would
he have to gain by going after the Yates wagons on his own?’
‘He hired most of my help. I promised to make him a junior partner once we were making money. He must have gotten it into his head to try and ruin the Yates business.’
Phoenix gave a shake of his head.
‘I’m giving notice,’ he said quietly. ‘I’ll stick around for another couple days, because I don’t want Dane – or whoever he is – thinking I ran from him. After that, I’ll be packing up my things and moving on.’
‘You’re overreacting, Phoenix. We don’t even know what this guy is up to.’
‘I intend to check with him before I pull out,’ Phoenix promised. ‘If he decides to push me you won’t have to worry about him at all.’
Huxton watched the man leave the office. Desperation set in. Strap had been the leader of his covert campaign against the Yateses. Without him, he had four mavericks to control. They were all
confident
about victory, so long as Phoenix Cline was on their side. If he pulled stakes, it would compromise his entire operation. He needed to act fast, before the men discovered that Phoenix was leaving.
‘Blast your hide, Dane – or whoever you are!’ he cursed the man. ‘Why did you have to come to Surlock and ruin everything!’
The plan was a means to end the strife between H and B Freight and the Yates Express company. Kyler had seen and heard enough to know who was doing
what, and every act of aggression had come from Huxton’s men. It was time to balance the books.
The banker, George Glenn, lived alone in his house except for a cleaning-woman who came by twice a week. Kyler didn’t figure Glenn would confess without some pressure, so he devised a little trip for the banker.
It was after dark. Glenn had a habit of smoking a cigar out on the front porch of his house before he went to bed. This night was no different.
Glenn tossed away the nearly spent cigar and rose up from the rocking-chair. That was when Kyler pulled a bandanna up over his nose and slipped up behind him. He put a gun into the man’s ribs and hedged his voice with ice.
‘Make a sound and I’ll bore a hole through you, banker-man.’
Glenn gulped and lifted his hands.
‘What do you want?’ he cried. ‘There’s little money in the bank … no payrolls, hardly any savings either. I’m nearly broke!’
‘We’re going for a little ride, banker.’ Kyler hissed the words. ‘You make one mistake and it’ll be the last move you ever make.’
‘W-what do you want?’ Glenn asked a second time.
‘Shut up and move!’
Glenn didn’t dare look back at Kyler. He went in the direction Kyler shoved him, walking through the darkness until they reached a buckboard.
‘In the back,’ Kyler directed. ‘You make one peep and I’ll start shooting.’
Glenn crawled into the bed of the wagon. Kyler
covered him with a canvas tarp, then climbed on to the wagon seat and started the team moving. He drove to a secluded spot a mile from town, a place where no one would hear a man scream for help.
Jessie stood at the eating-emporium table, her hands on her hips and glared down at Nat. He took a bite of his supper, but squirmed under the harsh stare.
‘I told you, girl,’ he whined softly, so as not to draw any attention to their table, ‘I don’t know where he went off to. The boy don’t answer to me.’
‘He isn’t pretending to work for Huxton any more. Who is he working for?’
‘I don’t know what you’re talking about.’
Jessie leaned across the table, right down in his face. ‘Nat! you lying old coot! What are you hiding from me?’
‘Look, I don’t …’ he began, but did one quick chew and swallowed the bite of stew. It went down like a five-pound limestone block. He had to cough and take a quick drink of coffee before he could even manage speech again.
‘Huxton knows he isn’t Kyler Dane!’ Jessie was growing impatient. ‘I happen to know he got word today that the real Kyler Dane is in jail! Phoenix is liable to challenge him to a fight the first chance he gets. You have to tell me where he is!’
Nat managed to clear his throat. ‘I’m telling you, missy, I don’t know where the boy went. He took a buckboard and said he’d be back. That’s all I know!’
She glared at him with hot, smoldering eyes, trying to burn a confession out of him. However, Nat did
not blink. He had told her the truth. At last, in a show of defeat, Jessie sat down across from Nat.
After a few moments of silence the woman who ran the café stopped by their table.
‘Can I get you anything tonight, honey?’ she asked Jessie.
‘I don’t know,’ she answered. ‘Maybe a cup of coffee?’
‘That’s no meal, honey,’ the woman said. ‘If you don’t have the money, I can always use a little help cleaning up.’
‘Thank you.’ Jessie smiled at the offer of charity, ‘but I’ve got enough for a meal.’ After a moment’s thought she tipped her head at the plate of food on the table. ‘Bring me a plate of stew, same as Mr Osborn here.’
‘It’s the house special,’ said the woman cheerily. ‘Four bits and it includes the coffee.’
‘Thank you,’ Jessie said. ‘That should do me just fine.’
As the woman hurried off toward the kitchen to fill her order, Jessie again stared hard at Nat.
‘Why a buckboard?’ she wanted to know.
‘He didn’t say,’ Nat replied. ‘Shucks, gal, the guy has never even told me his real name. You know as much about him as I do.’
‘I don’t believe that for a minute, Nat.’
The old boy tried to take another bite, but with Jessie’s gaze searing into him, he couldn’t even open his mouth.
‘Dag-nab-it!’ he exclaimed. ‘If you got to know, I’m the one who sent for him!’
Jessie’s mouth was agape.
‘You what?’
‘That’s right,’ he said. ‘I wrote a letter to a judge I met one time and asked him to send someone to investigate Huxton. He sent Kyler – or whoever he is – to help.’
‘But he came in as a criminal?’
‘Yeah, he hired on as a teamster, so he could learn what Huxton’s men were up to. It also allowed him to see if you Yates folks were playing it straight.’
‘And me?’
‘What about you?’
Jessie gnashed her teeth.
‘You know what I’m talking about, Nat! Why did he try to get close to me?’
‘Ye-cats!’ he exclaimed. ‘This is going to sound like one of them mushy type female stories.’
‘Talk!’ she snapped.
‘He seen you the day of the big July celebration and wanted to know your name. I told him it was no use chasing after you, but the boy is as stubborn as a mule headed for the barn. He never did let his job or duty get in the way of trying to court you.’