Comanche Eagle

by Sara Orwig

  “Yes.”

  She swept past him and turned the corner going to the cell. Brett was on the wooden bed, covered in a blanket. In spite of his dark skin, he looked ashen. His eyes were closed, one eye puffed shut. His face was cut and swollen. She looked up into Travis’s eyes; they cut into her like knives.

  “How is he?”

  “Go on home, Crystal.” Travis averted his stony gaze. “I’m staying here. One of the deputies will accompany you and Jacob home.” His voice was laced with anger and contempt.

  She looked at him, kneeling over his bother, and she ached with him. He had had too many hurts and losses in his life. He needed someone at his side now, yet she couldn’t be the one; she couldn’t defend a murderer.

  “Come home with me,” she said, wishing with all her heart he would. Travis gazed at her again, a long look that she met with a direct, level gaze of her own. She held her breath as she waited for his answer.

  “No. He’s my brother.” Travis crossed the cell to her. As he looked at her, the iron bars between them, she could all too easily imagine Travis getting himself into trouble over his brother. “He’s innocent, Crystal.”

  “Oh, Travis! They all say that! Every man that comes before me says he’s innocent.”

  “There’s no reason for Brett to lie to me. He never has, and I don’t think he’d start now. He didn’t kill Kendrick.”

  Of course Travis would want to believe his brother, but so few men who had committed crimes admitted it. Even under the most blatantly guilty circumstances, most men proclaimed their innocence.

  “This isn’t the first time your brother has been on the wrong side of the law. You told me he’s robbed.”

  Travis’s jaw tightened, and a muscle flexed as his eyes became even more glacial. “He’s never killed, he said, except in the war. I believe him.”

  “You’re his brother.”

  “I know he’s telling me the truth.”

  “Come home with me,” she said quietly, her heart missing a beat. Courts, relatives, laws, and lawlessness all seemed less important than Travis and their marriage. Jacob needed him; she needed him enough to ask him again.

  Something flickered in the depths of his eyes, but he stared at her with a cold, dark look and shook his head. “Go home. I don’t want you here, and Jacob should be home.”

  “I don’t want Jacob fatherless.”

  Travis’s brow arched. “Spare me, Crystal. You’re capable of taking care of him; and now if you were available, more than a dozen men would marry you.”

  She stared at him and knew she was going to have to tell him the sheriff’s demand. “Travis, Sheriff Hinckel said I’m going to have to try this case. There isn’t anyone else to do it, and if we wait, Brett might be lynched.”

  “Oh, God!” Travis sounded pained. He shook his head and turned his back on her, shutting her out.

  She stared at the broad, unyielding shoulders that had carried too many burdens. She loved this tall, strong man who was hurting badly. Half of her clamored to run to him and stand by him through this. The other half of her could not shirk a duty that had to be carried out.

  He looked so incredibly alone. She reached out her hand tentatively and then withdrew it. He didn’t want her touch. He wanted what she couldn’t give. Yet how badly she wanted to go to him! To be the wife he needed.

  Fighting the sting of tears, she turned away and left, hastily wiping her eyes before passing through the sheriff’s office. He stood up when she entered and fell into step beside her.

  “I’m going home now.”

  “I’ll send a couple of deputies along. You and your baby shouldn’t be out there alone.”

  She glanced at him. “The anger toward Brett won’t spill over on Travis, will it?”

  “I’ve told my deputies—as much as we can, we’re not going to spread the word that Brett’s his brother. Dancer did him a favor by using a false name. The less people know about the relationship, the better. Right now, most people know they’re both Injun, but that’s all.”

  She nodded. “It’ll get out soon enough.”

  “Crystal, we need to have this trial as fast as we can. Travis has the livery stable; he’s a good farrier, and he has his ranch. People have accepted him. But you know, around here, there’s some bad feeling by some of the folks about Indians.”

  “That shouldn’t have anything to do with it.”

  “Well, it does. People want Brett to hang. I’ve already talked to Clarence about prosecuting Brett Dancer. Travis has already talked to Rufus about defending his brother.”

  “Rufus is going to defend Brett?” she asked, startled because she hadn’t thought Travis liked Rufus. And she didn’t think Travis could afford Rufus. Then she remembered the boxes of gold. Yes, he probably could afford the flamboyant, expensive lawyer.

  “Yes. Surprised me that Rufus would take the defense. I didn’t think there was much good feeling between Rufus and Travis. Rufus charges pretty high, but Travis is probably willing to pay.”

  “We’ll have to post notice, have the arraignment—”

  “Crystal, cut the formalities as much as you can. Get down to basic law or we’ll have a body hanging from our scaffold without any law putting him there.”

  She nodded. “This is Friday. We’ll have to wait at least until next Wednesday so I can post notices. We have to have the arraignment, although I can move from the arraignment into the trial if I have to.”

  “You have to. Make this trial Tuesday at the latest. I can’t hold off a mob long.”

  “I don’t want to do this,” she said, thinking about Travis.

  “I want to get him legally tried before there’s a lynching.”

  “Since I have to try him, I’ll get a room at the hotel so I don’t have to go back and forth to the ranch. I can get Zachary and Turtle River to keep Jacob for me. I don’t want Jacob here if there’s any chance of violence.”

  “Good idea. And your staying at the hotel instead of the ranch will be better. I can give you protection. You should be safe from violence—unless you turn Dancer loose, but I can count on you to do what’s right.”

  She walked toward the door with Sheriff Hinckel at her side. She would do what was right, but it was going to mean the end of her marriage to Travis, a marriage that—briefly—had been paradise. Now, looking back, her marriage had ended the night she’d discovered Brett.

  “I’ve put out the word and posted notices that no one is allowed into the courthouse packing iron except my sworn deputies.”

  “Thank heavens! That’s one crumb of good news.”

  “Jed and Elgin will ride home with you.”

  “Thank you,” she said to Deputy Larson and Deputy Thomas. Both men smiled politely, sandwiching her between them. “The wagon is at the livery stable and Jacob is there. I’ll be back in the morning, Sheriff.”

  “Then you boys just stay the night at their place. It’s warm enough to sleep in Travis’s wagon and you accompany her back to town.”

  “You don’t need to do that. Turtle River can come with me.”

  “Judge, let me handle this before someone else gets hurt.”

  Nodding, she turned to go. As they walked past the building, she looked back over her shoulder at the barred window where Travis and Brett were.

  Travis sat across the cell from his brother, his back against the wall, his knees bent, arms resting on his knees as he watched Brett’s chest rise and fall while he dozed. He heard voices and looked up as Wade Hinckel and Rufus Milligan appeared.

  Rufus looked cool and citified with a black suit and black hat. While Travis felt a flare of the old animosity, he was glad to have Rufus take the case. Rufus was quick-witted and smooth-talking, a showman. And the prosecutor for the court was Clarence Hoyt, who hated Indians but was not as articulate as Rufus. Clarence could hold his own against several of the other local attorneys, but he hadn’t done well in the past when he was up against Rufus.

  Travis knew Rufus didn�
�t like him, but Rufus liked money and Travis was paying him exceedingly well. He unfolded and offered his hand to Rufus, who shook it with a strong grip.

  Travis looked into Rufus’s cool, blue eyes and felt good about having him defend Brett. A deputy brought a chair inside, placing it near the bed where Brett lay.

  “Thank you, Wade. I’ll call when I’m ready.”

  “Want to leave, Travis?”

  Travis shook his head. “It’s up to Rufus.”

  “You can stay.”

  Travis nodded to Wade, who left them alone and locked the door behind him. Rufus sat down beside the bed, pulling his chair as close as possible to Brett. He glanced at Travis.

  “It would help if he could talk to me. Can we wake him?”

  “I’ll try.” Travis moved close and leaned down, looking at Brett’s mangled face. One eye was swollen shut, his mouth swollen and cut. He had a cut across his temple and another on his cheek; and every time Travis looked at his brother, his anger grew toward Parnell. “Brett.”

  Brett’s eye fluttered open and he stared into space, then he focused on Travis. “This is Rufus, your attorney. He’d like to ask you questions.”

  “If you can, just wave your hand for a yes. Hold up one finger for a no. Can you do that?”

  Brett waved his fingers.

  “Good. Now, did you kill Abner Kendrick?”

  “No, I didn’t,” Brett whispered.

  “I have heard a version of what happened from Deputy Parnell, who got it from Whit Odell. If you’re able to talk, I want to hear what happened. Did you work for Abner Kendrick?”

  “Yes. I just hired on four days before the shooting.”

  “I heard it was one day.”

  “No.”

  Travis hunkered down to hear Brett’s voice, which was barely above a whisper.

  “I’d been traveling west and I didn’t intend to stay in Wyoming Territory long. Kendrick was looking for men to break horses, and I signed on. I had just worked there four days when we were out on his land near the Odell boundary. There were three of us and we had four wild horses. Kendrick sent the other two men after some more wild horses. While I was with Kendrick, Whit Odell and two of his men rode up.” Brett paused and Rufus waited quietly until Brett was up to talking again.

  “Odell and Kendrick got in a fight. One of Odell’s men drew on him and shot Odell. They claimed I did it and was robbing him when they rode up. They’re lying.”

  “Who were the men with Odell?”

  “I heard them called Slim and Virgil.”

  “Damnation!” Travis exclaimed. “That’s Slim Tipton and Virgil Shank. Those two are scum.”

  “Do you know which one shot Kendrick?” Rufus asked.

  “The one called Slim.”

  “You have no other witness?”

  “No. It’s my word against theirs.”

  Travis rubbed the back of his neck. He believed Brett, but he didn’t think anyone else would, even though Whit Odell was a troublemaker and everyone in the Territory knew it. And Virge and Slim were worthless, constantly in trouble, absolute liars.

  “Have you ever committed a crime?”

  He waved his fingers. “Robbed a train in the Territory. Union Pacific carrying gold. Lots of robberies.”

  “Did you get the gold from the Union Pacific?”

  Brett waved his hand.

  “Do you still have the gold?”

  He held up one finger.

  “Do you know where it is?”

  He waved his hand again.

  “Ahh,” Rufus said, and Travis wondered if Rufus had just set his own sights on that gold. Wherever it was, it should go back to the railroad, but he doubted if Brett saw it that way.

  “Had you ever been in jail before?”

  Brett waved his hand.

  “How many times?”

  Brett held up two fingers.

  “Twice. What for?”

  “Robbery,” he whispered. “I have never killed a man. Except during the war as a soldier.”

  “Is there a price on your head?”

  “One hundred dollars until the Odell shooting.”

  Not much for reward money.

  “What happened after Kendrick was shot? Did he die then?”

  “Yes. His men heard the shots and rode back. Odell had drawn a gun on me and told them that he and his men were nearby and heard a shot. He said they rode to see what was happening and found me as I was trying to rob Kendrick. They said I had shot and killed him. Kendrick’s men took me prisoner and Odell said he would go with them to take me in to the sheriff in Cheyenne, but they said it wasn’t necessary. During the ride, I got away from them. I was shot in the side, but I escaped.”

  Brett lay still and quiet and Travis thought he had lapsed into unconsciousness, but after a few minutes his eye fluttered open. “I didn’t kill Kendrick or rob him. But Odell and his men are going to swear I did.”

  “I’m your lawyer, Brett. I’m damned good. Expensive, but good. You’re sure that’s the way it happened?”

  “As God is my witness. Bring a Bible and I’ll swear on it.”

  “I’ll settle for your word. Tell me if I have it right.”

  Travis stared out the window as dusk settled, listening to Rufus retell Brett’s story. Brett was coherent and Travis thought it a good sign, that his health had taken a turn for the better. It was the wound in the side that was dangerous, but it had not hit vital organs.

  He wondered about Crystal. He knew Wade had sent at least one deputy with her. Would she be in danger if the town tried to lynch Brett? Travis didn’t think so. She would be on their side.

  Glancing at his brother, Travis felt a tight knot in his chest. They had gone years without seeing each other, but during all their early years he and Brett had been close. He didn’t want his brother to hang and he believed his story. He turned around as Rufus finished his summary.

  “Is that right?”

  “Yes,” Brett whispered, and Travis moved so that he could look at Brett.

  Rufus stood up. “I know you’re hurting, so we’ll stop, but I wanted to hear the facts from you. I’ll do the best I can for you, but this is going to be tough because it’s your word against theirs and you have a price on your head. You’re a man with a record, but I’ll do what I can.”

  Rufus gave Travis a long look, and Travis felt frustrated. Brett’s story sounded false, and no one would believe him with witnesses who would swear they saw him kill Abner Kendrick. If he hadn’t had a past record, a price on his head, he might have stood a chance with his word against the likes of Slim and Virge. But Brett would be viewed as more of an outlaw than two local men who kept their crimes to petty misdemeanors, drunkenness, and brawling—things not even considered crimes by most men in town. No, people would not believe Brett’s story. Crystal didn’t even believe it, and she was going to try the case. She would hang Brett if she could.

  Travis looked at the rise and fall of Brett’s chest. His good eye was closed again. “He’s asleep or lost consciousness,” Travis said.

  “This may cost you more.”

  “Whatever it takes.” Travis shook his head. “My brother isn’t lying. I’d bet my ranch and my livery stable on it.” He looked into Rufus’s searching blue eyes and gave him back just as direct a stare.

  “His past is going to go against him. Some men hate outlaws with a feeling that’s overpowering,” Rufus remarked.

  Travis thought about Crystal and nodded. He understood.

  “And you know without my telling you, there’s bad feeling about Indians. That’s going to go against him.”

  Travis nodded again, his frustration and anger growing.

  “And you would bet everything your brother isn’t lying?”

  “I’ll bet you my livery stable right now if you want to match it with something.”

  “No, I don’t. Whether he’s telling the truth or not, I’m his attorney and he’s innocent until proven guilty. If I get him off, you�
��d better get him out of town quickly.”

  “I agree,” Travis replied grimly. Brett’s chances of getting off were almost nonexistent, but Rufus had had some amazing verdicts. Travis watched Rufus go toward the door.

  “Wade told me that my wife will judge the case.”

  Rufus turned, his brows arched, a look of incredulity on his face.

  “They’re going to let your wife sit in judgment on her own brother-in-law?”

  “She’s the only law in this part of the territory right now. Wade doesn’t want to wait and have a mob lynch his prisoner.”

  “What about Clarence? He agrees?”

  “I’m sure he’ll be glad. Crystal is mule-stubborn about law.”

  A smile wreathed Rufus’s face. “By thunder!” He straightened his hat on his head. “I’d better get ready for the newspapers. I’m beginning to see a ray of hope.”

  “Don’t get your dancing boots on,” Travis drawled dryly. “My wife is an absolute stickler for law.”

  “She is your wife. To my immense disappointment I did not take a good look at your lovely lady when she arrived in Cheyenne. Now it is too late, because she is very much in love with you. Very much in love.”

  “Not so damned much in love that she’d turn a blind eye to justice.”

  “Ah, you don’t even know the depth of the lady’s feelings. Your wife loves you.”

  The words hurt badly. Travis inhaled, thinking of what he had lost a second time. “There is no one who can come between Crystal and what she thinks is right,” Travis said, feeling as if a fist had closed around his heart. His wife might have been falling in love, but not now. Now there was a divide between them that grew wider daily, and Brett’s trial was going to be the final separation. “Whatever she felt for me will make no difference.”

  Rufus frowned. “I’ve seen how the lady looks at you, heard how she talks about you. Maybe you don’t know how much your wife is in love with you.” He studied Travis, who clamped his jaw closed.

  “I just know what she feels for law.”

  “I’ve never met the woman who will judge with her head instead of her heart.”

  “Rufus, you’re wrong. You have met one. When I went to talk to her before our marriage, I burst in on her. She pulled a revolver and squeezed the trigger and I would be a dead man now if Ellery had kept his revolver loaded.”