by Paul Colt
“That’s a generous offer, Johnny. It’s tempting.”
“Forget tempting. Hand McSween his badge and take the of fer.”
“I got one last card to play.”
“What card?”
“Maybe I can talk sense to McSween.”
Roth pulled a frown. “Talk then. Just don’t take a bullet for a one-street town hell-bent on destroyin’ itself.”
Lincoln
June 26th
Ty waved at Lucy as he passed the store. Summer sun bleached the sky a pale blue. Hot breeze swirled dust devils down the street. He seemed not to notice, preoccupied at what he might say to McSween. He turned up the walk to the porch. His boots scraped the porch planks. His knock sounded hollow within. Moments later the lawyer’s heels answered, clipping the polished wood beyond the door.
“Ty.” He extended a hand. “Come in, come in.” He showed him into the parlor. Golden light flooded the room through lace curtains. “Plenty hot out there today.”
“It is.”
“Step into the office here and have a seat. I expect you didn’t drop by to discuss the weather.”
He took the offered chair. “No, I didn’t.”
McSween took his seat. “What’s on your mind?”
“Call it off, Alex.”
He braced. “Call what off?”
“The showdown with Dolan.”
“How do you know about that?”
“Roth is my friend.”
“I see. All right, Ty, look, it has to happen sooner or later. We simply mean to dictate the terms. All you have to do is stay out of the way.”
“I can’t.”
“It’s none of your affair.”
“You made it my business when you got me this badge. My job is to keep the peace. You’re plannin’ to turn this town into a battlefield. I can’t allow that.”
“You can’t stop it.”
“I can try.”
“Look, Ty, I consider you a friend. I wouldn’t want to see you get hurt, but if you get in the middle of this, I can’t be responsible for what might happen. I’d rather see you resign until this is over.”
“I took an oath. I have a duty to uphold the law. I can’t walk away because you’ve decided to have it out with Dolan. Think about what you are doing? A lot of people on both sides stand to get hurt. Think about Susan. Do you want that?”
McSween paused. “No, I don’t want that, but we can’t let the people of this county continue to live under Dolan’s thumb. He’s got to be stopped.”
“This isn’t the way to do it.”
“What do you suggest?”
“Look, the grand jury handed down the indictments. I’ll serve the warrants. Let the courts decide the matter. You’re a lawyer, you should understand that. You’ve got the store and the bank. You’ve already broken Dolan’s stranglehold. Be patient.”
“Tell that to Dolan. You don’t have enough men or jail cells to serve those warrants. If you did, you’d have done it by now. The store and the bank are exactly the point. Dolan won’t let them survive. He tried to buy them. I refused to sell. Now he’s out to destroy me by force. Look at what happened to McNab. We can’t wait patiently while Dolan picks us off one ambush at a time. You can’t stop him. We have to.”
“What if I can stop him?”
“I don’t see how.”
“I’ve asked the governor to call out the army and declare martial law.”
“Hmm, that might work. What makes you think Axtell will do it?”
“That little inquiry Leverson started. It got me this badge. Sherman knows what’s going on. I suspect Axtell does too.”
“I hope you’re right about that.”
“He sent us an honest grand jury, didn’t he?”
“If Axtell sends in the army to deal with Dolan, my men will stand down.”
“Good.” Ty rose and took McSween’s hand. “I can show myself out.”
Outside, he took a deep breath. Maybe. The governor had to come through.
Office of the Governor
Santa Fe
Martial law.Axtell stared at the telegram from the special deputy marshal in Lincoln. He had reason to believe the situation down there would come to an armed showdown in the county seat. He represented that the McSween faction would stand down if the army were brought in to keep the peace. The army, martial law, it looked bad and that’s all there was to it. He drummed his fingers on the desk. McSween agreed. What about Dolan?
Jimmy was damn unhappy when Sherman appointed—he glanced at the telegram—Ty Ledger a special deputy. What about Dolan’s man Peppin? Clearly this was a civil matter. The sheriff ought to have jurisdiction. If they needed army help he should ask for it. Dolan had warned him that Tunstall was threatening to stir up Democrat opposition to Brady. Maybe McSween inherited that notion along with the bank and the store. It smelled like Ledger might be McSween’s man. Martial law, he really wanted no part of that except as a last resort. Best see what Jimmy thinks.
Lincoln
Oppressive heat made the office feel like an oven. Dolan sat in his shirtsleeves, his coat thrown over the back of his chair. His visitor sat in a barrel-backed chair across from the desk, his coat draped over his knee.
“How is the posse comin’, George?”
Peppin scowled. “Slow, Jimmy. Chisum and McSween hired a lot of men between ’em. Evans has lost more than a few. We got the word out, but the way I make it, we’re still outnumbered. Any word from Jesse on how he’s makin’ out huntin’ down Regulators?”
“No word since the dustup down at South Spring. I expect that says it.”
“So the sides ain’t evened none.”
“Likely not. How long before you can raise some more men?”
Peppin shrugged.
A floorboard creaked beyond the office door, announcing the old clerk’s approach. Dolan glanced at the door. “What is it, Jasper?”
“Telegram from Santa Fe, Mr. Dolan.” The old scarecrow shuffled across the office and handed over an envelope.
Dolan took it and tore it open. The signature line caught his eye, Axtell.He read the message. Damn. He knit his brows and read it again.
“Somethin’ the matter?”
“Ledger asked the governor to call out the army and declare martial law in Lincoln. He says the marshal expects trouble. He says McSween will stand down if the army’s called in.”
Peppin furrowed his brow. “McSween will stand down, stand down from what? What do you suppose he’s got up his sleeve that’s got Ledger worked up enough to call for the army?”
“You suppose Chisum and McSween have figured out they’ve got us outnumbered?”
“Maybe, but what could they do with that?”
“Draw us into some kind of showdown. If they planned on trying something like that, where do you suppose it would be?” Dolan said.
“No tellin’ for sure. If it was me I’d look for someplace that gave me an advantage.”
“That could be a lot of places. Ledger did ask the governor to call out the army to declare martial law here in Lincoln. Maybe he knows something.”
“That could explain it. So what do you tell the governor?”
Dolan smiled. “We don’t need the army, yet. The sheriff will let him know when we do.”
CHAPTER THIRTY-EIGHT
July 14th
They rode in under a blazing summer sun. Dark forms emerging from heat waves shimmering on the road into town. Ledger and Roth watched the street from the boardwalk. Scurlock tipped his hat as they passed. The Kid favored Ty with his gap-tooth grin. Roth counted ten of them including McSween. Big Jim, standing guard in the store made eleven, ten professional guns. They put up the horses in the corral behind the store in a field next to the Torreon Tower.
Moments after they did, true to her word, Lucy left the store. She crossed the street to where Ty and Johnny stood. She held Ty’s eyes, hers filled with concern.
“You go on down to Mrs. O’Hara’s. W
e’ll keep an eye on things here.”
She hesitated. “Who’ll keep an eye on you?”
“The army, I hope.”
It didn’t reassure her.
“Me, for sure,” Roth said.
“Go along now. Dolan’s men are ridin’ around lookin’ for this bunch. Nothin’s gonna happen till they find ’em. I’ll be by a little later.”
“Come for supper.” She hurried along.
Scurlock took control of the store with Bowdre, Middleton, Brown and Coe. Alex and Susan McSween opened their house to the Kid, Tom O’Folliard, Jose Chavez, Eugenio Salazar and Big Jim French. They settled in to wait.
Time passed. Word spread. Peppin and Dolan met in the office at the House.
“Cigar, George?”
“Don’t mind if I do.” He selected one from the box and bit the tip. He scratched a lucifer and held it. Dolan puffed his smoke to light. Peppin lit his.
“So, how do you want to play this, Jimmy?”
“I’ve sent word for Evans to bring in his boys. We’ll set up shop at the Wortley. You take a couple of your men and take control of the Torreon. Then we wait.”
“Wait for what?”
“For the cavalry to arrive.”
“Cavalry?”
Dolan nodded. “You remember I told Axtell we didn’t need the army, yet?”
He nodded.
“You sent him a telegram this afternoon that said we do.”
“I did?”
“You did.”
“What did I say?”
“You told him we didn’t need martial law. You said you needed troops to put down a civil disturbance in Lincoln.”
Peppin chuckled. “Pretty damn smart of me I’d say.”
Fort Stanton
Sunday, July 15th
“Telegram from Santa Fe, Colonel.”
Dudley held out his hand. “Thank you, Sergeant.” Could this be the long-awaited response to Marshal Ledger’s request? He opened the fold. His brow furrowed as he read. Governor Axtell was asking for troops, all right, but not martial law. He asked for troops to help Sheriff George Peppin put down a civil disturbance in Lincoln. What happened to Ty? He guessed he’d find out when he got to Lincoln.
“Sergeant Caleb!”
“Sir?” He appeared in the door.
“Notify C Company and A Battery. We ride to Lincoln in the morning.”
Lincoln
July 15th
Slanting sun greeted Evans and his men as they rode into town. They jogged up the street toward the Torreon when the opening shots in the battle for Lincoln erupted from the Tunstall store. Evans wheeled his horse off the street for the close cover of the tower. Peppin and his deputies returned fire from the tower. The sheriff climbed down to meet Evans.
“Anybody hit?”
“No. What the hell’s goin’ on, George?”
“McSween and his men are forted up in the store and the McSween house. It’s been quiet up to now, but it looks as though they mean to make a showdown of it.”
“Good. The sooner we rid ourselves of that pack of lice the better. How many of them are there?”
“Ledger counted ten guns plus McSween. I’m guessin’ his wife is in there too.”
“Where’s Ledger stand in all this?”
“At the moment, he don’t. Now that the shootin’s started, I
expect he’ll show up.”
“And?”
Peppin scratched his white bush of chin whiskers. “He’s pretty straight. He ran Scurlock and his bunch off the House once already. It don’t much matter either way. What’s one man gonna do? Besides, with the sheriff on the job, he’s got a perfect excuse to sit this one out. Be the smart thing to do, considering the risk of lead poisoning and all.”
“Where’s Dolan?”
“He set himself up at the Wortley. You and your boys can get there if you circle around south of town.”
“Much obliged. Mount up, boys.”
Ledger and Roth hurried up the street toward the shooting as Evans and his men galloped out of town. Peppin stood beside the Torreon.
“What happened, George?”
“McSween men fired on those boys.”
“Damn.”
“What do you plan to do about it, Marshal?”
Ty measured the Dolan man. He wasn’t about to tip his hand on his hopes for the army.
Peppin patted his vest pocket. “I got warrants for most of the men in there. You can stand aside and let me and my men handle it.”
“You and your men hold your fire. Maybe I can talk them out peaceably.”
“Suit yourself. Sounds like a fool’s errand to me, but I got time. I’m waitin’ for reinforcement before I force their hand.”
Ty turned back toward the back of the store. Roth matched his stride.
“Dolan’s callin’ in reinforcements. This situation is gettin’ worse by the minute. What are you fixin’ to do?”
“Try to talk sense into McSween.”
Pale blue early evening light lit the McSween backyard. Ty and Johnny hurried up the back step and knocked. Muffled footsteps sounded.
“Who’s there?”
“Ty Ledger. I need to talk to McSween.”
“I’ll see if he’s in. The door’s covered. Touch it and you’ll get a load of buckshot for your troubles.”
More muffled sounds. The door cracked open. The Bonney kid waved them in at gunpoint. “Leave your hardware on the kitchen table.”
They unbuckled their guns and followed the Kid into the parlor. The place looked like an armed camp. Big Jim French and Tom O’Folliard sat beside the front windows cleaning their guns. Jose Chavez and Eugenio Salazar were stationed at the west windows with a view of the Wortley up the street. The Kid led them into McSween’s office.
The lawyer sat at his desk with his head in his hands wreathed in a halo of lamplight. A plainly worried Susan McSween stood beside him. He turned watery eyes to his visitors.
“Ty, Johnny, good of you to come.”
“This isn’t exactly a social call, Alex. Your boys at the store started shootin’ at people on the street an hour ago. You and your men need to put up your guns and leave town before this situation gets out of control. Dolan and Peppin have you boxed in. Evans and his men arrived this afternoon and they are waiting for more. This pot’s about to boil over and there’s not much I can do about it.”
“I don’t expect you to join us, Ty. Dolan has got to be stopped and we are determined to do it.”
“Determined to get yourself and a bunch of others killed is more like it. Susan, talk sense to him. At best you could fight this to a bloody draw. Who knows what Dolan has up his sleeve? Give him time to do things his way and you’ll get massacred.”
“Alex, Ty may be right. If the boys slip out the back way tonight, Dolan and his men won’t know they’re gone until morning.”
“That won’t settle anything, Susan. This has got to end. You’ve said so yourself. Running away won’t solve a thing.”
“Alex, you got me this badge. My job is to uphold the law. No one should understand that better than you. You need to listen to me and do what I say before someone gets hurt.”
“You think Dolan’s going to let us walk out of here? This won’t be over until one side or the other wins. It’s plain enough this will only be settled with guns.”
“All right, I’ve done about all I can. If you won’t see reason, you won’t need a deputy marshal much longer.” He plucked the badge off his shirt and tossed it on the desk. “There ain’t likely to be much left when the smoke clears. Com’on, Johnny.”
Back outside they climbed down to the river. Roth shook his head. “You tried.”
“All we can do now is pray the governor comes through.”
CHAPTER THIRTY-NINE
A knock at the door interrupted the clatter of supper dishes. Lucy dried her hands on the dish towel as she went to the door. She opened it cautiously to Ty and Johnny. She swallowed her heart and
flew into Ty’s arms.
“I was so worried with all that shooting. What happened?”
“Some of Dolan’s men showed up. McSween men threw lead on the welcome mat.” She trembled. He held her tight.
“Oh, Ty, what’s to become of this?”
“Nothing good I’m afraid.”
She kissed him deep and needful with no concern for Roth standing there hat in hand.
“Lucy, are you going to leave those men standing outside all night?”
“No, of course not, come in.” She led them into the parlor.
“Have you had supper?” Mrs. O’Hara called from the kitchen.
“No, ma’am,” Roth answered.
“I’ll fix up a couple of plates of what’s left. It’s not fancy, but filling.”
“Much obliged.”
“Ty, where’s your badge?” Lucy fingered his chest.
“I gave it back to McSween. If he won’t listen to reason, there’s nothing I can do to help him.”
“What will you do then?”
The question had we underneath it. “Johnny brought up something I need to talk to you about.”
Roth sensed he was about to be in the way. “I’ll see about helping Mrs. O’Hara with those plates.” He disappeared down the hall to the kitchen.
She settled on the settee and made room for him.
“Chisum gave Johnny and Dawn land for a wedding present. Johnny wants to go into the cattle business, but he says he doesn’t know anything about it. He wants me to come in as a partner. Chisum says he’ll stake us to the cattle to get started.”
“Why, that sounds wonderful.”
“So would you be willing to move down to South Spring as my wife?”
Her eyes went liquid in the lamplight. “Ty Ledger, nothing could make me any happier.”
Supper’d gone cold by the time they finished kissing.
Ty turned down the lamp in Mrs. O’Hara’s parlor. Roth spread his blanket on the floor.
“When do you want to ride down to South Spring?”
Ledger thought. “Soon as we know if the governor comes through.”
July 17th
The column churned the street into a dun dust cloud. Ty and Johnny stood on Mrs. O’Hara’s porch. Dudley passed at the head of a column of fours. The troop looked to be company strength, followed by a mule-drawn caisson towing a howitzer. Ty smiled.
