The Hanging of Charlie Darke

by Will DuRey

  ‘Besides,’ Dan Bayles said, ‘I know that Wade has gambling debts. The Barton wealth is tied up in stock. I doubt if Chet will want to weaken the herd to help his brother out of a tight corner. His father won’t.’

  ‘The debt must be large.’

  ‘More embarrassing than crippling. The eldest son of the biggest landowner doesn’t earn any more than the hired hands. Wade’s income doesn’t satisfy his appetites.’

  I let those words settle in my mind before asking the question I’d come for. ‘Would you care to tell me what happened here last night?’

  ‘Not much to tell.’

  ‘Let’s start with why Charlie was still in jail.’

  ‘Clay Butler, who Charlie said he’d been with most of the day, had gone night-herding up on the far pastures. I told Charlie he had to stay in the cells until I’d spoken to Clay. I guess I let my guard slip. Didn’t think lynching was on anyone’s mind after Duke had vouched for Charlie.’ Speaking the words brought home the realization that no one was likely to act against Duke Barton’s wishes except Duke himself. He seemed to shake himself, dismissing the outlandish thought. ‘It was late,’ he went on, ‘and there was a knock at the door and someone called for me. An urgent shout, but not loud, telling me a fight had broken out over at the hotel. I opened the door and looked out. Someone had their back to me, looking along the street to the hotel. I stepped out and that was the last I remembered. Someone hit me from behind. I knew nothing more until Theo and Lew were standing over me.’

  ‘You didn’t recognize the man? Or the voice?’

  ‘Naw,’ he said, but not in a convincing way.

  ‘What is it?’ I asked.

  ‘Nothing. It was dark. I got hit pretty hard. I can’t be sure that what I think I remember really happened.’

  ‘Who do you think it was, Sheriff?’

  ‘I didn’t see his face. It was more an impression I got. The way he was standing, the size and shape of his body.’

  ‘Who?’

  ‘Wade Barton.’

  ‘Wade!’

  Dan Bayles protested again that his recollection of the figure outside his office was unclear. ‘I ain’t swearing that that was who I saw. Perhaps I’m wrong.’

  A picture was forming in my mind, not a clear one, and here and there pieces were missing. ‘What was Wade’s reaction when the foreman was killed?’ I asked.

  ‘Straker! Wade acted responsibly. The Silver Star riders were all for stringing up Charlie Darke, but Wade told them to leave it to the law. I was obliged to him. I like to think that his father would have done the same thing but I was a bit surprised when Wade adopted that attitude.’

  ‘Did his attitude change when you accepted it was self-defence?’

  ‘Not really.’

  ‘But it did change. When did that happen?’

  Dan Bayles stroked his chin and looked thoughtful. ‘Can’t rightly say. They were friendly enough the day Annie and Charlie married.’

  ‘He was at the wedding?’

  ‘Sure. Duke and Chet were still out East but Wade was there.’

  I recalled Annie telling me that it was Wade who had told Charlie that Chet had gone East to find a wife. No one else had suggested that, least of all Duke who was, according to Wade, the architect of the plan. But something had soured the relationship. Wade had arrived at Annie’s ranch adamant that Charlie should hang for shooting his brother.

  ‘Tell me about the railroad’s offer to buy Annie’s land.’

  ‘They only want a strip on the northern range. Without it they’ll be forced to lay tracks in the highlands, incurring huge costs for tunnel work and bridges.’

  ‘Do you know how much they’ve offered for Annie’s land?’

  ‘Twenty-five thousand dollars. A good price.’

  ‘But not good enough to tempt Annie or her parents before her.’

  ‘It’s good range with a stream that doesn’t dry up in the hottest summer. That pasture keeps their ranch viable.’

  ‘Supposing,’ I said, ‘that Annie had married Chet and the two ranches had united, how vital would it be to retain that strip of land?’

  ‘Not vital at all. The Silver Star has plenty of year-round water supplies. Annie’s cattle could have been moved to any of the Barton’s pastures.’

  But Annie had wanted to maintain an independent ranch, and Chet had agreed with her. However, the lure of $25,000 was proving a temptation to someone. If that someone was Wade then it seemed he was prepared to stop at nothing, not even the death of his brother, to get it.

  ‘I’m going out to the Silver Star,’ I told Sheriff Bayles.

  ‘Theo and Lew are gathering up a posse,’ he replied.

  ‘I can’t wait for them. If Cole Grant is involved with anyone at that ranch I want to catch them before they can make plans to escape.’

  ‘Who could he be involved with at the Silver Star? Not Duke.’

  ‘No,’ I agreed, ‘not Duke.’

  He regarded me for a moment. ‘Wade?’

  ‘I may be wrong,’ I said, but there was little doubt in my mind.

  He reached for his hat and tried to stand. ‘Let me get my horse from the livery stable and I’ll ride with you.’

  ‘You’re not up to it,’ I said. ‘I’d appreciate it if you got Annie back to her ranch. Duke Barton is still there. I’ll meet you there as soon as I’m able.’

  CHAPTER TWELVE

  I guess I’d been on Barton land for some time when I came across the high, log-built gateway with a big metal star fixed in the apex. It wasn’t made of silver but gave the same impression. A three-barred fence ran away to the distance either side of the gate and I slowed Red to a walk as I approached.

  Two riders were exchanging words just the other side of the fence, but they cut short their conversation when they spotted me.

  ‘Howdy,’ I called. ‘Is Wade at the ranch?’

  ‘Yup.’ One of the men nudged his horse forward to join me at the gate. He looked at me through tight-squinted eyes, squeezing out as much of the bright sun as he could. ‘You the fella that dragged Chet into Charlie Darke’s ranch house?’

  The questioner spoke in a flat voice, giving no clue to his motive for asking. It seemed probable that there were divided loyalties among the ranch hands, some of them taking their orders from Wade. If that were the case, and they were putting their guns to his cause, I probably had to come up against them sooner or later. Better to meet them like this, one or two at a time, rather than find myself against an armed group. My right hand rested on my thigh, close to my six-gun when I nodded my head.

  ‘You done a good thing. Don’t have much liking for your friend, Charlie Darke, but I hear tell you done a brave thing in staying with Chet. Will he live?’

  ‘With proper care he should make it.’

  He reached over his horse’s neck to undo the gate for me. ‘Just follow the road,’ he said. ‘Ranch house is best part of a mile ahead.’

  ‘Anyone else ridden through here recently?’

  ‘Ain’t seen anyone. How about you, Chuck?’

  ‘Saw someone about ten minutes ago. I was fixing the fence up there.’ The other man pointed to the rising ground off to his left.

  ‘Did you recognize him?’

  He removed his hat and wiped a line of sweat from his brow with his sleeve. ‘Didn’t take a lot of notice. Weren’t one of our men.’

  ‘Could it have been Cole Grant?’

  He repeated the name trying to figure where he’d heard it before.

  ‘Big fella,’ I told him. ‘Stranger in town. Rides a fancy Mexican saddle.’

  He thought a moment. ‘Yeah. Yeah. Could have been him. Sure could have been him.’

  ‘I’m obliged to you.’ I touched my hat and turned Red toward the ranch house.

  The house nestled in a crescent-shaped canyon, the trail to its front door following the ridge of the descending hills from the rear, around the right-hand side to the valley floor. I reined in Red and took
in the house and surrounding buildings. A couple of horses were tied to the rail in the yard but I couldn’t see any cowboys or other workers anywhere near the house.

  Instead of following the trail round to the front of the house I guided Red down the steep incline to the rear corner. We came down slowly. I hoped those in the house wouldn’t hear my approach. Red is as sure-footed as a mountain cat and made light of the descent. I stepped down, dropped the reins in front of him and walked quietly to the house.

  The side window gave me a view of the kitchen. It was empty. The door near at hand led into it so I used it. I could hear voices somewhere deeper in the house. I drew my gun and tried to find them. The bulk of Cole Grant filled a doorway that led off the main living-room. He had his back to me but I sensed an air of impatience in his stance. His right hand grasped the door-frame while his left shoulder pressed hard against the opposite side. One leg was bent and his head was bowed, his gaze fixed to the floor in front of him.

  Wade Barton’s voice came to me from within the room. ‘You’ll get your money when you finish the job.’

  ‘I finished it. Last night. One thousand dollars to get rid of Charlie Darke. He’s dead and ain’t coming back.’

  ‘A thousand dollars! I don’t think so. I had to do half the job myself.’

  ‘Wouldn’t have been necessary if you’d just let me shoot him. I could have called him out and killed him the first day I got here.’

  ‘Perhaps he was faster than you,’ Wade Barton’s tone was contemptuous.

  Grant’s deep throated chuckle was scornful of the attempt to rile him. ‘I know Straker was your top hand, but he was still just a cowboy. Killing him didn’t mean that Darke was a special sort of gunman. He may have double-crossed you, Wade, but I could have taken him whenever I chose to.’

  ‘Even so,’ a more subdued Barton responded, ‘there’s more required than the death of Charlie Darke. I want that ranch, and soon. Perhaps Annie will sell it to me now that her husband is dead.’

  ‘If that Indian-lover hadn’t turned up this morning she’d be out of the way, too. As it is I think he suspects that I attacked her. Could be he’s got a posse after me already. It’s not safe for me to hang around here any longer. Give me my money and I’ll be out of here. You’d have some explaining to do if they found me here with you.’

  ‘If you want a thousand dollars you’ve got another task to do first. You haven’t lived up to your reputation, Grant. Your shooting ain’t that hot. My brother. He’s going to live. Get over to Darke’s ranch and finish him off. Annie’ll have no reason to stay here after that. Then when my pa’s time comes I’ll have both ranges and control of most things hereabouts.’

  ‘OK if I just shoot your brother?’ Grant’s voice was loaded with sarcasm.

  ‘I don’t care how you do it. Just get it done.’

  ‘Then give me my money. I’ll finish him before I leave the territory but I gotta get going now.’

  ‘It’s too late,’ I said. He swivelled on his left leg, his right hand grabbed the butt of his pistol, but when he saw that mine was in my hand and pointing at his middle he moved no more. ‘Come away from that door,’ I told him, ‘and carefully take your gun from your holster and lay it on the floor.’ When he’d done that I got him to kick it towards me. ‘Now you, Wade,’ I called. ‘Better make sure I see your empty hands come through that doorway first’ After ten seconds without any response I spoke again. ‘Grant’s right. There’s a posse on the way. They can’t be far behind. You can’t escape.’

  I heard the creak of timber, a floorboard being relieved of weight, and the light scrape of a boot across the floor. Wade was close against the dividing wall, wavering as to whether to come out fighting or not. Grant’s eyes slid in his direction, then back to me, advising his partner of my position. I fired two shots at the door-frame, splintering the wood at head-height, forcing Wade either to throw out his gun or come out firing. A man whose caution has lasted as long as Wade’s usually needs a mighty swing of fortune in his favour before he comes out fighting. Knowing that I was armed and prepared to use my gun tipped the balance my way. Wade threw out his gun and came out with his hands in the air.

  There was a long, low couch in the middle of the room. I motioned for them to sit on that at each end. It would be difficult for them to launch an attack at me from a low, sitting position.

  ‘There’s nothing much lower than a man who pays to have another killed,’ I said to Wade. ‘Especially when the man is your brother.’

  Neither of my prisoners spoke.

  ‘Do you want to tell me the whole story while we wait for the posse?’

  Again no one answered.

  ‘So Charlie Darke double-crossed you, Wade. What was he supposed to do? Marry Annie then sell her spread to you?’

  ‘No one would have been hurt if he’d done what we agreed.’

  ‘No one? What about Annie’s parents? She never would have married him if he hadn’t killed them.’

  He threw me a dark, dangerous look, unsure how I knew that Charlie had murdered Joe and Louisa Brookes.

  ‘Nor would she have married him if he hadn’t told her that Chet had gone East in search of a society wife. That was your idea, wasn’t it!’

  Again, the only reply was a surly look.

  ‘What kind of man are you? You didn’t even want Annie’s ranch, did you? Just the railroad’s cash for that northern strip. So what happened? Did Charlie want more?’

  ‘More!’ Angrily Wade tried to stand up, but I motioned with my handgun for him to stay seated. ‘What more could he want. He married the girl and had her ranch to sell. But he wouldn’t do it.’

  It was my turn to be perplexed. ‘Why not?’

  ‘Who knows. Conscience. Love. Claimed he couldn’t deceive her. She wanted to keep the land intact and he agreed with her.’

  ‘So you had to get rid of him by bringing in Grant and the gunnies I shot last night. I don’t understand why you didn’t pick a fight with him, why you went to all the bother of trying to frame him as a cattle-thief.’

  ‘If he was lynched I couldn’t see Annie staying around Beecher’s Gulch The disgrace of being the wife of a rustler would drive her out.’

  It occurred to me that Chet Barton might have taken an interest in whether Annie went or stayed, and at the same time realized that Wade had had the same thought; that was why he had bought his brother’s death, too.

  ‘And Doc Cartwright,’ I said, ‘you had him killed knowing it would also foreshorten your father’s life. How many lives had you planned to take to pay off some gambling debts?’

  ‘My father’s life is finished. What difference does a few weeks make. Soon,’ he said, ‘I’ll control all the valley. And to celebrate I’ll just take a glass of that whiskey.’ He began to stand.

  ‘Don’t,’ I told him. ‘And they don’t allow celebrations in jail.’

  His sudden cockiness flashed a warning in my mind, and in my back I felt the prod of a gun barrel.

  ‘I was in the stables, Wade. Saw him sneaking down from the trail.’ The man reached around me and took my gun from my hand. I should have known that Wade and Cole Grant weren’t alone at the ranch. The spread was too big for there not to be chores done about the place, and this old man, despite saying he’d been in the stable, had kitchen aromas, bacon, flapjacks and coffee, lifting from his clothes with every movement. He was a grizzled fellow, the sort who had been the butt of a thousand mealtime jokes, but there was nothing funny about the way his gun was bruising my back.

  ‘Well done, Roly. Where’s my gun.’ Wade came across the room to collect his weapon. As he drew alongside me he released all his anger and fear in a blow to my jaw. I sprawled on the floor and in an instant Cole Grant was above me delivering two ferocious kicks, one to my back and the other to my front.

  I wrapped my arms around my upper body to prevent any more damage to my ribs; then, through the pain, I heard the sharp metallic sound of a gun being cocked. I turned my he
ad and found myself looking into the long, black barrel of Cole Grant’s Colt. His finger tightened on the trigger. I heard a harsh snigger and waited.

  ‘Not here.’ Wade Barton pulled Grant’s arm aside. ‘Take him out to the stable.’

  Cole Grant pulled me roughly to my feet and pushed me towards the door. I saw the look on Roly’s face, perplexed, worried by the fact that Grant was prepared to kill me in cold blood.

  ‘That’s the man who shot my brother,’ Wade told him, giving a nod in the direction of me and Grant. ‘Somebody’s got to pay for it.’ If Roly had any sort of argument to offer against my being killed out of hand, he wasn’t given any opportunity to voice it. ‘I’m riding over to the Darke ranch to see my brother,’ Wade told Grant. ‘Catch up with me when you’ve finished here.’

  Pleased to have the upper hand, Grant pushed hard against my back and I stumbled off the front-porch step but didn’t fall. He gloated at his superiority, relieved that the gun was no longer pointed at him.

  ‘Got it all worked out and no one to tell it to. What a sad way to leave life.’

  ‘It wasn’t idle talk when I told you a posse was on its way. Doesn’t matter what you do to me, you can’t get away with what you’ve done.’

  ‘How will they know what I’ve done without you around to speak up?’

  ‘I’ve already given them proof. They know that the bullets that were fired at Annie Darke this morning and those fired at Chet and me yesterday came from the same gun. And probably by now they know that the bullet that killed Doc Cartwright also came from that gun.’

  ‘And what does that prove?’

  ‘It proves that whoever owns the gun that fired those shots is the killer.’

  ‘So?’ He tried to sound confident but worry dripped from the single word.

  ‘So this morning I proved, and had witnessed, that the gun is yours. They’ll hunt you down, Grant. You’ll hang for the murder of Doc Cartwright no matter what else you’re guilty of.’

  ‘Shuddup,’ he said, ‘and keep walking.’ Behind us I heard the ranch-house door open and close. I sensed Cole Grant turn to see what was happening but didn’t rate very highly my chances of turning and overpowering him before he could pull the trigger of the gun he was holding at my back.