by Connie Mason
Kitty bit her tongue to keep from lashing out against the marshal. The case against Ryan seemed ironclad. In a few short days he’d be brought to trial, found guilty and sentenced to hang, and there was nothing she could do about it. Life had never looked so bleak.
“Are you sure you won’t change your mind, Marshal?” Kitty asked, swallowing a sob. Dear God, she couldn’t cry now. Ryan’s life was at stake, and she had to keep a clear head.
“Very sure. Why don’t you go on home and forget about Delaney. He’s as good as dead anyway. Concentrate on getting your father well. Good day, Miss Lowry.”
Kitty recognized dismissal and rose unsteadily from her chair. “I understand my sister is going to testify at the trial,” she said in parting.
“Indeed she is.”
“Will you tell me what she told you about Ryan?”
Pringle stared at her. “You’ll have to wait for the trial, Miss Lowry. I can’t divulge that information at this time.”
“I’d like to testify for Ryan,” Kitty said.
“I suppose it won’t hurt anything.”
“Does Ryan have a lawyer?”
“No, he’s going to defend himself. A lawyer wouldn’t do him any good anyway.”
“Is that legal?”
“Perfectly legal. Don’t much matter anyway, Delaney is guilty as sin.”
Kitty left then, praying her doubts about Teresa’s testimony were unfounded. Teresa had implied that she was going to testify on Ryan’s behalf, but now Kitty wasn’t so sure. If her suspicions were correct, it was Teresa who had told the marshal that Kitty had been a member of the Barton gang. Surely Teresa couldn’t be so vindictive as to seek Ryan’s death simply because Ryan had spurned her, could she? Kitty didn’t like the answer.
Kitty arrived back at the ranch in time to check on Bert before supper. She was pleased to see that he had regained a bit of color. Rosita brought his tray, and Kitty fed him bits of bread soaked in broth.
“You’re looking better, Father,” Kitty said, pleased with his progress.
“I can’t die yet,” Bert said, lifting his hand to caress her cheek. “There is unfinished business between me and Ryan that needs settling. I hope he returns soon.”
Kitty gulped back her tears. “What kind of business? Can you tell me?”
“Not yet, Kitty, but soon, I hope. Now go eat your own supper. You’re looking peaked lately. Are you unwell?”
“I’m fine,” she said, giving him a bright smile. “I’ll come back and say good night later.”
The smile disappeared from Kitty’s face as she closed the door behind her. She needed to speak to Teresa and hastened off to find her. She located her stepsister in the dining room.
“How did your visit to town go?” Teresa greeted Kitty as she ladled soup from a tureen into her bowl. “Did you see Ryan?”
“Ryan isn’t allowed visitors. Nothing I said would change the marshal’s mind.”
“Too bad,” Teresa said with exaggerated concern. “What did you and the marshal talk about?”
“First, tell me what you said to the marshal when you saw him,” Kitty demanded.
“Didn’t he tell you?”
“He said you were going to testify, but I already knew that. I’m going to testify, too. What I want to know is are you going to testify for or against Ryan?”
“What makes you ask that?”
“Many things. First, did you tell Marshal Pringle that I rode with the Bartons disguised as a boy?”
Teresa blinked, sending Kitty a wide-eyed look of innocence. “Whyever would I do that?”
“You tell me.”
“Kitty, for heaven’s sake, you’re imagining things. If the marshal thought you rode with the Bartons then someone besides myself knows about you. Perhaps Ryan…”
Teresa’s implied suggestion hung in the air like autumn smoke. Kitty had considered that Ryan might have revealed her identity as Kit in order to clear himself, but she couldn’t bring herself to believe it. If neither Ryan nor Teresa had told, then obviously someone else had seen and identified her to the law. But who?
Kitty had little appetite. What she did manage to swallow sat like a lump in her stomach. Ryan was going to die. Even if his brothers did arrive in time, she doubted they could do anything to save him.
When Teresa scraped her chair back, Kitty came out of her stupor and rose with her. “I just want to say one thing, Teresa. If you say anything in court to hurt Ryan, I’ll take my knife and peel the skin from your stinking hide strip by strip and feed it to the pigs.”
Kitty’s threat must have frightened Teresa, for her face turned ashen and she ran from the room as if the devil were nipping at her heels.
“And don’t think I won’t!” Kitty called after her.
Norm Tucker returned from his business trip. He called on Kitty immediately after checking on his children and finding the note Kitty had written him. Kitty had all but forgotten about the note and realized that Teresa must have found it and had it delivered to Norm. Kitty was alone in the parlor when Norm arrived.
“What is this all about, Kitty?” Norm asked, waving the note under Kitty’s nose. “What do you mean you’re not good enough for me?”
Kitty heaved a sigh. She didn’t need this now but realized she owed Norm an explanation. “There’s a lot you don’t know about me, Norm. My background is rather… er… colorful. Sit down and I’ll tell you about my past, and why I can’t marry you.”
Tucker perched on the edge of a chair, waiting for her to begin.
“I rode with the Barton gang,” she blurted out. “I was thirteen when my mother and stepfather died a few months apart. My stepbrother was an outlaw at the time and I rarely saw him. When he heard that I was left alone, he took custody of me. We traveled a lot for the first couple of years, then he joined up with the Barton gang.”
“What! You’re a woman, for God’s sake!”
“Lex changed me into a boy when he took me under his wing. He bought me oversized clothing and cropped my hair short. I rode with the Bartons for five years without them suspecting. Then Lex was killed in a bank robbery and Ryan found me.”
“I can’t believe … it doesn’t seem possible …”
“Haven’t you ever wondered about my lack of social graces?”
“Well, yes, but it never bothered me. It’s part of your charm.”
Kitty could have kissed him for that. “I’m not good enough for you, Norm.”
“Hogwash! There’s more to it than that, isn’t there, Kitty?”
“I’m afraid so. You see, I’m in love with another man.”
Norm frowned. “Not some outlaw, I refuse to believe that. Who could …” Suddenly his face cleared. “Delaney! I should have suspected. Does he feel the same about you? I thought he was sweet on Teresa.”
A streak of red crawled up Kitty’s cheeks. “That’s what Teresa would like to believe, but I know differently.”
“So that’s how it is,” Tucker said with perfect understanding.
“A lot has happened since you left, Norm,” Kitty explained. “Did you stop in town on your way home?”
“No, I got off the train and rode straight home. Why?”
“Ryan is in jail. There was an attempted bank robbery and Ryan was mistakenly identified as a member of the Barton gang.”
“Was he? A member, I mean.”
“No. But I have to explain something first.” Kitty went on to tell him how Ryan had joined the Bartons while searching for her on Bert’s behalf, and how he’d met them again on the outskirts of Tucson on the day of the attempted robbery. “Ryan is in jail now, awaiting trial. It doesn’t look good.”
“I’m sorry, Kitty, truly I am. Is there anything I can do?”
Kitty shook her head. “No, nothing that I’m aware of. I just wish …”
“What do you wish?”
“… that I could have loved you instead of Ryan. You’re a good man, Norm, but so is Ryan.”
“Ki
tty, if Ryan … isn’t found innocent, know that I’ll be here for you. What you and Ryan had doesn’t matter. I still want you.”
Kitty blinked back her tears. “That means a great deal to me, Norm, but I refuse to give up. Ryan has to be found innocent. I’ve wired his brothers, but I fear they won’t arrive in time to help him. I don’t know what else to do.”
“Pray,” Norm said, holding her as she dampened his chest with her tears.
“My, my, isn’t this cozy,” Teresa sneered, barging into the parlor. “The man you claim to love isn’t dead yet and already you’re picking his replacement. Does Norm know about your background?”
Kitty and Norm sprang apart. “I was just comforting Kitty,” Norm said. “And yes, Kitty told me everything.”
“Did she tell you that Bert had a severe attack after she left? She abandoned her own father, not caring that her absence might hurt him physically and emotionally.”
“Uh, I think I’ll pay my respects to Bert,” Norm said, obviously unequipped or unwilling to handle the conflict between Teresa and Kitty. He beat a hasty retreat, leaving Kitty and Teresa alone to play out the drama.
Kitty turned her attention to Teresa, her blue eyes dark with anger. “Jealous bitch! A jackass has more brains than you do. Your hurtful words mean nothing to me. If Ryan is found guilty neither of us can have him. You can save him by telling the truth. That’s what I’m going to do on the witness stand. It all depends on who the jury believes. But if we both tell the same story, it could make a difference.”
“I intend to tell the truth as I know it,” Teresa said. “I told you that before.”
“And I told you you’d better not testify against Ryan,” Kitty warned, her eyes dark with menace. “You already know I’m no lady. I don’t think like a lady, and I don’t act like a lady. So be forewarned, my revenge won’t be pretty.”
Teresa backed away, her eyes round as saucers. “Hurt me and I’ll see you rot in jail.”
“It would be worth it,” Kitty said through clenched teeth. Head held high, she stalked from the room, praying that her threats made an impression upon Teresa.
As the day of Ryan’s trial came closer, Bert continued to improve, but not enough to be told the truth about Ryan. The doctor was still cautious about his recovery and continued to warn against agitating Bert in any way.
Kitty had gone into town twice to find out if Ryan’s brothers had arrived and was told by the marshal that they hadn’t. Nor was she allowed to visit Ryan. Kitty knew Bert was concerned about Ryan’s absence, and she didn’t know how much longer she could keep the truth from him. She also learned that Durango had already had his trial and would be hung along with Ryan on a date set by the judge after Ryan’s trial. Kitty feared the trial would be a farce, held only to appease the law, and that the verdict had already been determined.
Ryan was going to die, and she couldn’t do a damn thing about it.
Chapter 15
The day of Ryan’s trial arrived on a shimmering wave of heat that radiated across the arid plains. Norm Tucker arrived early to escort Kitty and Teresa to what Kitty knew was going to be the worst day of her life.
Though Bert’s condition had improved, the doctor still forbid the family to tell him about Ryan’s trial. Kitty could tell that Bert suspected something was afoot, but she tried to soothe his apprehension as best she could by telling him that Norm was driving her and Teresa to town to shop. Rosita promised to take good care of Bert in their absence, and Kitty cautioned her about saying anything to upset him.
Their horses had been saddled and were waiting. Both women wore split skirts so they could ride astride. The ranch hands were gathered at the gate as they rode through, offering words of encouragement and expressing hope that Ryan would be found innocent and freed. Ryan had become a favorite with the hired hands during the time he had spent on the ranch, and no one wanted to see him hang.
Lacking a courthouse, the trial was to be held in the Silver Nugget Saloon at eleven o’clock, presided over by Judge Roy McFee. The jury of twelve men had been haphazardly selected the day before by lottery. Norm told Kitty that normal procedure for a raw frontier town like Tucson was for the marshal to present his charges, call forth witnesses, and then allow the defendant to have his say. At that time the defendant could call his own witnesses. If Ryan didn’t call her to testify, Kitty intended to volunteer, even if clearing Ryan meant revealing her own involvement with the Bartons.
A crowd had already formed outside the saloon by the time they arrived. It was still early, and the doors hadn’t been opened to the public yet. They dismounted and pushed their way through the throng to the saloon door.
“How long do you think we’ll have to wait?” Kitty asked anxiously.
“Not too long,” Norm said. “The trial is set for eleven o’clock, and it’s almost time. Try to relax.”
“How can I?” Kitty cried, “when Ryan’s life is at stake.”
“It’s rather late for regrets, isn’t it?” Teresa observed. “You’re the one who involved Ryan with the Bartons in the first place.”
“For godsake, Teresa, must you taunt Kitty?” Norm chided. “Can’t you see how distraught she is?”
“Why is everyone so concerned about Kitty?” Teresa asked sullenly. “She’s capable of taking care of herself. It’s disgusting how she has both you and Ryan panting after her.”
Neither Kitty nor Norm had time to answer, for just then a roar erupted from the crowd. Kitty looked over her shoulder and saw Marshal Pringle prodding Ryan through the crush of people. Though she had expected it, Kitty was startled to see Ryan looking so drawn and haggard.
A path was cleared for the marshal and his prisoner, and when they came abreast of her, Kitty cried out. “Ryan!”
His hands shackled, Ryan walked stoically through the surly crowd toward the makeshift courtroom. Loud jeers followed in his wake, dashing Ryan’s hopes for a fair trial. The jury consisted of twelve men who probably held the same views as the people jeering at him. He didn’t have a snowball’s chance in hell of being acquitted, and he knew it.
As he approached the saloon the crowd parted. Chin held high, he looked neither right nor left, ignoring those who would probably cheer at his hanging. Then he heard Kitty call his name, and in the next moment she had dashed to his side and clutched his arm. The stoic facade he’d been trying to maintain deserted him.
Her beautiful face was creased with worry, and her expressive blue eyes spoke eloquently of her anguish. He’d give anything in the world to spare her.
“What are you doing here?” Ryan hissed.
“I couldn’t stay home,” Kitty replied. “I want to testify for you, Ryan. I want to tell the truth about your involvement with the Bartons.”
“Are you crazy? It’s too dangerous. I’ll not allow it!”
“Get moving, Delaney,” Pringle said, poking him with the butt of his pistol. “Your days of smooth-talking beautiful women are over.”
Ryan sent Kitty one last desperate look then pushed through the saloon doors. The crowd elbowed its way in behind him, carrying Kitty, Norm, and Teresa along with it. Ryan was ushered to a table set up in front of the judge’s podium and pressed down into a chair. He darted a glance over his shoulder at Kitty and saw that she and the rest of her party had found seats in the front row, close enough to touch.
After much shuffling and jostling by people trying to find seats, the bailiff called the court to order. Seconds later the rear door opened, and Judge McFee entered. He seated himself on the chair behind a table that served as a podium and pounded his gavel. When the room quieted, he intoned grumpily, “Let’s get on with it, Marshal.” He pulled out his pocket watch and perused the time. “It’s exactly eleven o’clock. I have a prisoner to try down in Nogales and hope to be on my way before noon.”
Ryan heard someone behind him groan, and he knew it was Kitty. He turned to give her a reassuring smile, but the best he could manage was a pained grimace. Before he turned
back to face the judge, he scanned the crowd for his brothers’ faces, but as he suspected, they hadn’t arrived yet. Sighing in resignation, he focused his attention on Marshal Pringle, who had risen to present the charges.
“Ryan Delaney was caught trying to rob the bank with the Barton gang,” Pringle began. “Billy Barton and Clank Porter were shot dead during gunplay, and Delaney and Durango were taken prisoner. You heard Durango’s testimony during his trial, Judge. He swore under oath that Delaney was a member of the gang.”
“Any other witnesses?” Judge McFee asked gruffly.
“All the men I deputized saw Delaney ride into town with the Bartons. But there is another witness I think you should hear,” Pringle said. “Miss Teresa Cowling has agreed to testify.”
“Bring her on, Marshal,” Judge McFee said, glancing again at his watch.
“You’re going to testify against Ryan!” Kitty gasped as Teresa rose and walked to the witness chair, hips swaying provocatively.
Ryan groaned in dismay. Teresa had vowed to see him in hell, and he reckoned she was going to make sure he got there.
A Bible was brought forth, and Teresa was sworn in. She turned to the judge and smiled. “What do you want to know, Judge?”
“Tell the jury what you know about the defendant’s involvement with the Barton gang, Miss Cowling.”
Teresa turned her smile on the jury. “Ryan Delaney was a member of the Barton gang,” she said convincingly. “I heard him admit as much to Papa Bert. Unfortunately my stepfather is too ill to appear in court.”
Ryan heard a ruckus behind him and swiveled his head, shocked when he saw Kitty leap to her feet. “Liar! You’re only telling part of the story,” Kitty cried.
The judge pounded his gavel, calling for order. “I will have you evicted if you don’t sit down, miss,” he said sternly. “You may continue, Miss Cowling.”
“The woman who just made a scene is my stepsister and Ryan Delaney’s lover,” Teresa said smugly. “She belonged to the gang, same as Ryan. She posed as a boy and called herself Kit.”
