Deadwood Dead Men

by Bill Markley

  “Mr. Tipple, tell us what happened in the saloon.”

  “Well, sir, as Mr. Mann said, he sent Harry to the back of the building, behind the bar, where there is poor lighting, because he was afraid Harry would be an easy target for Laughing Sam, who had vowed to kill him.”

  “And where were you?”

  “I took over the bar in the front, where it is better lighted.”

  “I see. Then what happened?”

  “Well, sir, through the door I see what at first I think is Laughing Sam, but when I look closer, it’s Bummer Dan, wearing Laughing Sam’s slouch hat and checkered coat.”

  “Why was he wearing Laughing Sam’s clothes?”

  “I have no idea.”

  “What happened next?”

  “The next thing I know, Laughing Sam walks into the saloon and comes up to the bar. He’s bare-headed, wearing only a shirt and vest. He asks me where he can find the boss, Carl Mann.”

  Jack jerked up straight. This confirmed Laughing Sam was in the saloon! Jack’s mind was racing. Why was he there?

  “You say Laughing Sam was also in Saloon Number 10?” Miller asked.

  “That’s right,” Tipple said. “I have no idea what his game was because about that time, Bummer Dan had walked to the dimly lit part of the saloon and was shot by Harry.”

  “What happened to Laughing Sam?”

  “As soon as Bummer Dan was shot, Laughing Sam skedaddled out the front door.”

  “I see. So is it fair to say Harry Young feared for his life, since his enemy and his enemy’s friend were in the saloon and were approaching him? If so, Harry Young fearing for his life, shot in self-defense.”

  “Yes,” Tipple said. “I believe that is correct. Harry shot in self-defense.”

  Whitehead jumped to his feet. “Your Honor!” he shouted. “The defense attorney and the witness are drawing legal conclusions on the ultimate issue of self-defense. That is a subject for the jury to decide.”

  “Duly noted, Mr. Whitehead,” Keithley said, and then turning to the jury, he continued, “The jury will disregard the last exchange between Mr. Miller and Mr. Tipple.” Finally, turning to Miller, he said, “Proceed, Mr. Miller.”

  “Mr. Tipple, what was the feud about between Young and Hartman?”

  “Well, I believe it was all about a woman. It was about the trick Laughing Sam Hartman played on the working girl, Tid Bit.”

  “That son of a bitch, Hartman!” Calamity Jane shouted. Keithley rose and pointed his hammer at her shouting, “I told you, young lady, the next outburst from you, I would have you bound and gagged. Officers of the court, proceed against that trollop!”

  Before anyone could act, Calamity Jane disappeared from the building.

  “Mr. Miller proceed with your witness,” Keithley said, straightening his coat and returning to his stool.

  “Mr. Tipple, please tell the story succinctly.”

  “Well, several weeks ago, Laughing Sam spent the night with Tid Bit and instead of paying her in gold, he tricked her with copper filings. Harry became close friends with Tid Bit, in fact, if you ask me, I think he’s sweet on her. Anyway, Harry confronted Laughing Sam about cheating Tid Bit and their feud blew up from that.”

  “So Laughing Sam Hartman was out to get Harry Young because Harry stood up for a woman who had been wronged by Hartman.”

  “That is correct.”

  “Thank you, Mister Tipple,” Miller said, then turned to Keithley, saying, “That concludes my questioning, your Honor.”

  “Very good, Mr. Miller. Mr. Whitehead, you may cross-examine the witness,” Keithley said. Whitehead arose from his stool and approached Tipple.

  “Mr. Tipple,” Whitehead said. “Are you not good friends with the prisoner?”

  “Yes.”

  “You would do anything for the prisoner, wouldn’t you?”

  “Yes.”

  “Even lie?”

  “I don’t know what you mean!”

  “You don’t know what I mean? Ah, sir, but I think you do know what I mean. After humiliating Mr. Hartman Tuesday night, the prisoner and you knew Mr. Hartman would come back into Saloon Number 10. You both knew he would come back to restore his honor, and you both lay in wait for him to come back so you could murder him. That’s why the prisoner stayed out of the light in the shadows, waiting to assassinate Mr. Hartman. Is that not true?”

  “No!” Tipple shouted. Beads of sweat broke out on his forehead.

  “Then, when out of kindness, Mr. Hartman gives poor Bummer Dan his hat and coat and Bummer Dan enters the saloon and is only passing through to leave through the back door, you give the signal to the prisoner that the man you perceive is Hartman is passing by. The prisoner lurks in the shadows and ambushes a defenseless Bummer Dan, thinking it is a defenseless Laughing Sam Hartman. Pure and simple premeditated murder! Is that not right, Mr. Tipple? You and the prisoner conspired to murder a defenseless Laughing Sam Hartman. Only your nefarious scheme went awry when the two of you murdered the wrong person. Even though you both killed the wrong person, it is still murder, the unlawful taking of a life.”

  “No! No! No!” Tipple shouted as sweat streamed down his face.

  “The witness will control himself,” Keithley said to Tipple.

  “I have no further questions for this witness, your Honor,” Whitehead said.

  “Mr. Tipple, you may step down,” Keithley said to a visibly shaken Tipple, who quickly left the stage.

  Jack and Merrick were frantically writing. Whitehead’s line of questioning stunned the crowd.

  Time seemed to slow down as the defense marched through a string of witnesses, all who testified to the same set of circumstances laid out by the first few witnesses for the prosecution and the defense. A bored Merrick doodled pictures of animals and caricatures of the principal members on stage, while Jack’s mind drifted to Lil, and how he could return things to the way they had been. After the defense’s last witness was grilled by the prosecution, Keithley asked, “Are there any other witnesses?”

  “No, your Honor,” Miller said.

  “I agree with Mr. Miller,” Whitehead said. “There are no further witnesses.”

  “There is a key witness missing, gentlemen,” Keithley said. “And the obvious question is why have you not produced the key witness? Where is Laughing Sam Hartman?” Whitehead and Miller looked at each other.

  “Your Honor,” Whitehead said, “Both the prosecution and the defense have looked for Laughing Sam Hartman, but he has disappeared from Deadwood.”

  “This is true, Mr. Miller?” Keithley asked.

  “Yes, your Honor,” Miller responded. “We planned to place the defendant on the witness stand next.”

  “Very well, gentlemen,” Keithley said, looking at his pocket watch. “The time is now fifteen minutes past noon. The court will adjourn for lunch and reconvene at two o’clock.” With that, Keithley brought the hammer down onto the wood with a resounding crack, and the theater erupted into loud conversation.

  Merrick stood and let out an explosive sigh.

  “Come on, Jones, let’s grab a bite to eat and we can piece together what we have heard so far.”

  “Sounds fine to me,” Jack said, as he rose tucking away his notebook and pencil.

  “What say we try Eggerts’s California Chop House? They have first-rate pies.”

  “Let’s go, then,” Jack said. He scanned the theater one last time, hoping he might spot Lil. But nary a glimpse of her.

  The sun was high overhead and not a cloud in the sky. The bright light made the two men squint as they left the theater, turning to their right and heading north on Main Street. Three doors to their right they came to a building with a sign reading California Chop House & Bakery, Eggerts & Co. They entered and found an empty table near the front. The owner, Eggerts, approached their table and said, “Good afternoon, gentlemen. Welcome to the California Chop House. Mr. Merrick, you did an outstanding job advertising our establishment in your fine paper.
It has brought in increased business.”

  “Why, thank you, Eggerts. I do believe you have one of the best cooks from the Pacific coast, and that’s how I wrote it. What do you have simmering in the kitchen for us today?”

  “We have a nice venison stew with potatoes, carrots, and onions.”

  “What do you say, Jones? Venison stew and coffee?”

  “Sounds good to me,” Jack responded.

  “Very well, gentlemen,” Eggerts said. “I’ll be right back with your food and drink.”

  “So Jones, what do you think of this morning’s proceedings?”

  “I knew most of the facts already, but the number one thing that took me by surprise was the confirmation of a rumor that Laughing Sam Hartman was in Saloon Number 10 at the time of the shooting.”

  “Yes, that is a valuable piece of information.”

  “Right, and now Laughing Sam is nowhere to be found.”

  “Why do you suppose that poltroon has fled the town?” Merrick asked. Eggerts returned and placed before them two large bowls of steaming venison stew, a fresh loaf of bread, and two mugs of coffee.

  “Enjoy, gentlemen,” he said.

  “Smells delectable,” Merrick said. They both dug into the stew and bread. After they had devoured all the food in silence, Jack said, “I never answered your question.” He took a sip of coffee.

  “Go on,” Merrick said.

  “After listening to all the testimony, here’s what I think happened and why Laughing Sam is gone. I think after Harry Young threw Laughing Sam out of the saloon, Laughing Sam was so angry he was going to kill Harry. Remember, Laughing Sam and Bummer Dan were partners. Laughing Sam devises a plan to sneak up on Harry to kill him. What Laughing Sam does is he gets his good friend Bummer Dan to wear his hat and coat into Saloon Number 10, in full view of everyone. Laughing Sam also enters the saloon but dressed differently, hoping no one notices him. His plan is to have Harry distracted by Bummer Dan, sneak up on Harry, and shoot him before he knows what’s happening. Only the plan goes wrong. Bummer Dan’s disguise is too good, and Harry shoots him before Laughing Sam can act. Laughing Sam tries to leave quickly, but not before Anson Tipple and a few others recognize him. He decides the best thing to do is leave town. Too many questions will be asked. Bummer Dan must have given him his haversack with the gold nugget in it that…”

  “Stop!” Merrick said. “What gold nugget?”

  “Sorry, the night Bummer Dan was murdered, he showed me a large gold nugget he had in his haversack. He also told me he had more gold hidden somewhere.”

  “I see,” Merrick said.

  “After the murder, Bummer Dan’s haversack was missing and when I visited his shanty, I found that it had been ransacked, but left behind was a discarded poke bag, with several gold flakes remaining inside. So my theory is Laughing Sam goes to Bummer Dan’s shanty, digs up Bummer Dan’s poke and flees town. That’s what I think.”

  “A convincing tale, Jones. It sounds plausible.”

  “But what baffles me is, could Bummer Dan and Laughing Sam have been a part of the criminal ring in town? And if so how does that fit into all this.”

  “Will you drop your ring theory,” Merrick said. “You have no solid evidence the criminal element in town has banded together. The way you portray it, every evil deed committed in Deadwood has a sinister connection to your mythical band. Next thing you know, you’ll be telling me Jesse and Frank James have been spotted here in town!”

  Jack grinned. “I haven’t seen them yet.”

  “Your whole ring theory is based on hearsay from individuals of the lowest class or those who have no reputable standing in town—prostitutes, faro dealers, drunkards, servants, and heathen Chinese.”

  Jack felt himself becoming agitated, but regaining control he said, “Look, A.W., I consider these folks my friends, and I believe them.”

  “I’m just saying their testimony would not stand up in any court of law, even Old Necessity Keithley’s court.”

  Eggerts returned to their table. “Can I interest you gentlemen in a slice of freshly baked apple pie? It’s still warm out of the oven.”

  “Yes, indeed!” Merrick said. “Jones?”

  “Yes.”

  Eggerts returned with two slices of apple pie, which Jack and Merrick had no problem consuming. Eggerts returned after they were finished.

  “What did you think of the pie?” Eggerts asked.

  “Delicious!” Merrick said.

  “Yes, it was,” Jack agreed.

  “And now for the bill, Eggerts, if you please,” Merrick said.

  “No bill,” Eggerts replied. “It’s on the house for the excellent advertising.”

  “Thank you, sir!” Merrick said.

  “Yes, thanks!” Jack said. Jack and Merrick left the chophouse and looked at their pocket watches.

  “We have a little time before the trial reconvenes,” Jack said.

  “I need to head back to the office to see if I have any messages or work,” Merrick said.

  “I’ll meet you back at the theater,” Jack said as they parted. He walked north to Star and Bullock’s and entered the building. The room was full of customers. Star waved to Jack and went back to adding up a customer’s purchases. Bullock left a customer and walked over to Jack.

  “I can only talk for a moment,” Bullock said. “As you can see we are very busy. How goes the trial?”

  “They have questioned all the witnesses, and at two o’clock the court will reconvene, with Harry Young on the stand.”

  “I’ll try to break away if I can, I’d like to hear what he has to say.”

  “I think another interesting development is that it was confirmed Laughing Sam Hartman was in Saloon Number 10 when Bummer Dan was killed.”

  “That is interesting, and I’m assuming Laughing Sam is still missing.”

  “That’s correct. When you have time, I would also like to discuss with you the shooting of Poncho and Carlos. I don’t believe they killed each other.”

  Bullock looked at Jack with no expression on his face as he said, “That’s one I’d like to hear.”

  “Seth!” Star called. “I need your help over here!” The line of customers wanting assistance was increasing.

  “Thank you, Jack, got to get back to work. We’ll talk later. Oh—by the way, we have all your supplies and gear ready for you and will have them at the livery this evening so you can begin packing tomorrow.”

  “Thanks, Seth, I hope to see you later at the trial.”

  Bullock returned to helping customers as Jack walked out the door and back up the street towards the theater.

  Oh Lord, Jack prayed. I know I don’t talk to you as much as I should, but help me figure out a way to get back into Lil’s good graces. I do love her so.

  CHAPTER ELEVEN

  Friday Afternoon, August 25, 1876—Jack walked into the Deadwood Theater hoping to see Lil, but again she was absent. He was late. The proceedings had already started. He took his seat by Merrick, pulled out his notebook and pencil, and noticed the pencil needed sharpening. He found his penknife and began shaving the point as he picked up on the proceedings. Young was already on the witness stool, and Miller was addressing the next question to him.

  “Is it true, Harry, that you and Laughing Sam Hartman were feuding?” Miller asked.

  “Yes.”

  “Tell us the nature of the feud.”

  “It’s just as the others said earlier and what they said was true. That low-down skunk, Laughing Sam Hartman, had cheated Tid Bit. She’s a poor working girl just trying to make ends meet and he takes advantage of her, and I let him know he was a no good, egg-sucking dog!”

  “Tell us about Bummer Dan and your relations with him. Did you have a grudge against him, or make any threats against him?”

  “No. I had no grudge against old Bummer Dan, and I made no threats against him. Even though he was Hartman’s partner, I had no cause to feud with him.”

  “Tell the court in y
our own words what happened Tuesday night in Saloon Number 10.”

  “As Carl Mann said, after I told Hartman to leave the saloon, Carl sent me to work in the dimly lit part of the bar. He was afraid Hartman was going to return and try to murder me. Carl’s reasoning was if Hartman could not see me at first, they would have time to stop him before he attempted to shoot me.

  “As I was working in the back, I saw rapidly approaching me a figure who I thought was Hartman. I recognized his hat and his colorful checkered coat. The man was coming so fast I thought for sure he was coming after me, so I pulled out one of the pistols we keep behind the bar and shot first, thinking he was coming right at me to kill me. So I shot first in self-defense. He continued to approach me after the first shot, so I fired again. He then turned and ran out of the saloon.”

  “I see, then what happened?”

  “I was scared. I was shaking. I wasn’t sure if I had hit him, or if he was going to come back again after me. The whole saloon cleared out. It seemed as if it was forever until a mob led by Mr. Farnum and Mr. Short entered the saloon and told me I had not shot Hartman, but I had shot and killed Bummer Dan. Believe me, I am sorry. I did not mean to harm Bummer Dan.”

  “So if I may restate for the court, you are saying you thought you were shooting Laughing Sam Hartman. The same Laughing Sam who earlier threatened to kill you. You shot in fear of losing your life. You shot in self-defense. Is that correct?”

  “Yes, that is correct. I shot in self-defense.”

  “Shot in self-defense,” Miller slowly, emphatically repeated. “No further questions, your Honor.”

  “Mr. Whitehead,” Keithley said. “You may question the defendant.”

  “Thank you, your Honor,” Whitehead said. “Mr. Young, may I call you Harry?”

  “Yes, sir.”

  “Harry, I won’t go over again any of the questions that were previously asked of you by Mr. Miller, but I do want to clarify a few things,” Whitehead said. “First of all, did you or did you not threaten to kill Laughing Sam Tuesday night in Saloon Number 10?”

  Young stared at the floorboards for the longest time, then looked up at Whitehead and said, “Yes, I did, but I was angry and I didn’t mean it, I didn’t mean I would actually kill him. But he did some horrible things and never even apologized for them. I said I would kill him, but it was all talk.”