“Well now, that warn’t so hard, was it?” Lem asked as he signed his name to a printed sheet of paper, then handed it to Matt.
—PASS—
(MUST BE RENEWED EACH DAY)
~ Deputy Lem Mason
Matt went directly from the sheriff’s office to Dr. Bosch’s office. “Doc, Hugh Conway says he wants you to go after that bullet.”
Dr. Bosch nodded. “I thought he might decide to have me do it. I’m glad he came to that decision. When does he want me to do it?”
“As soon as you can.”
“All right. I have a few appointments this afternoon, but I’ll come out first thing tomorrow morning,” Dr. Bosch said.
From the doctor’s office, Matt went to the Pair O’ Dice to have a beer. When he pushed through the swinging doors, he was surprised by the paucity of customers. He had never been in the saloon when there were fewer than thirty people inside. Right now there were only seven, and five of the seven worked at the saloon.
“Hello, Matt.” Unlike the normal gregarious welcome, Cheatum’s greeting was quite subdued.
“What’s happened? Where are all your customers?”
“DuPont is what happened to them. His deputies patrol the streets and anyone seen leaving either of the saloons is subject to being arrested and fined for public drunkenness.”
“Public drunkenness isn’t a crime unless it also becomes a public nuisance,” Matt said, remembering the city ordinances from his brief time as a law official.
“Oh, that isn’t the half of it. They’ve arrested ’n fined twenty or more that I know of, and not a one of them was actually drunk. Plus this visitor’s pass thing is cutting into my business as well. The girls?” He made a motion toward Jennie Lou and the other three girls. “There’s not enough going on to keep all of them busy, but I don’t have the heart to just send them on their way.”
“Buy a drink for all four of them,” Matt said, putting the money on the bar.
* * *
“I’ll tell you this, Matt,” Art Walhausen said a few minutes later when Matt visited the newspaper office. “There’s not a businessman in town who doesn’t miss Sheriff Clark, for all that he was a weak sister. They’d rather have somebody who does nothing than an overbearing fool like DuPont and his draconian concept of law enforcement.”
“I don’t understand what DuPont hopes to gain by all this. Lonnie told me DuPont was fining people for drunkenness, but surely that doesn’t make enough money for it to be very worthwhile,” Matt said.
“Oh, he’s not doing that for money. He’s doing it to kill the town,” Walhausen said.
“What? Why would DuPont want the town killed?”
“He’s doing it for Kennedy and O’Neil,” Walhausen said. “The idea is, once the town dies, there will be little to hold the other ranchers and farmers in the valley, and they’ll be forced to sell out.”
“As far-fetched as that sounds, your guess is probably correct.”
“It isn’t just a guess. Luke McCoy is one of DuPont’s Regulators. That is, until he quit. Before he left, he stopped by to see me and told me that this is Kennedy and O’Neil’s plan.”
“You say McCoy left?” Matt asked.
“Yes, he said he couldn’t go along with what the Regulators are doing. The good thing is that Kennedy and O’Neil’s private army is attritting. You’ve killed five of them, McCoy left them, and before McCoy it was Isaac Newton. Oh, by the way, McCoy told me where Newton is.”
“Where is he?” Matt wanted to know.
“You know Fancy, the pretty little colored girl over at the Wild Hog?”
Walhausen nodded.
“Apparently she is putting him up, somewhere,” Matt said.
“I hope DuPont doesn’t get wind of it.”
“Yes, you and I share that same hope.”
* * *
When Matt stepped into the Wild Hog, he saw that it was nearly as empty as the Pair O’ Dice had been. From his time as acting sheriff, he knew the bar girls who worked here, and he saw Belle sitting with the only two customers in the place. Fancy and Candy were standing together at the bar, and both looked toward Matt when he came in.
When Candy started toward him, Matt held up his hand. “Candy, get a drink from Mr. Kendig. Buster?” he called to the bartender. “Give the lady a drink. I’ll settle. But for now, I would like to spend some time with Fancy.”
“You sure you want me, honey?” Fancy asked, surprised by the request.
“Looks like business is way down in here,” Matt said. “I imagine you haven’t had too many customers lately.”
“No sir, my, uh . . . special customers don’t seem to make it in much, anymore.”
Matt smiled at her. “Then you won’t mind spending some time with me, will you?”
“No sir, not at all.”
Matt paid for Candy’s drink, Fancy’s drink, and his own, which he took to a table as far away from the other customers as he could get. “Fancy, I’ll get right to the point. I need to talk to Isaac, and I think you know where he is.”
“What do you want Isaac for?” she asked defensively.
Matt held up his hand to put her fear at ease. “I need his help. Also, I want to help him. I know you don’t want DuPont to find him.”
“I . . . I don’t know,” Fancy said hesitantly.
“Look. Let’s do it this way. You don’t have to tell me where he is now. All I want you to do is go see him. Tell him I would like to visit with him, and if he is willing to meet me, to come to the Spur and Latigo Ranch. He’ll be safe there.”
“There ain’t no sense in puttin’ this off any longer, Jensen.” The hissing voice could only belong to one person.
When Matt looked toward the door he saw a man with a black moustache that curled down around his mouth.
Just the suggestion of a grin showed on Boggs’s face, and it was diabolical. “Kennedy ’n O’Neil hired me to do a job for ’em, so I figure it’s time I earned my pay.”
“You were hired to kill me?”
“Yeah, I was,” Boggs said, the grin widening just a bit. “Me ’n you ’s about to have that dance I told you about.”
“Are we? Well, you might remember that I told you I always take the lead.”
Without another word, Boggs went for his gun. He was incredibly fast, as fast as anyone Matt had ever faced.
The two pistols discharged almost simultaneously, but Boggs had sacrificed accuracy for speed, and even as his bullet fried the air less than an inch away from Matt’s ear, the bullet from Matt’s gun plunged into Boggs’s chest.
Boggs looked at Matt with an almost whimsical smile. “Damn. I thought . . . I really thought . . .” His sentence ended with a cough, then he fell on his back. The pistol still dangled from his hand by the finger hooked through the trigger guard.
“Jensen, I expect you’d better leave now, while you can,” Buster warned. “Soon as word of this gets out, DuPont will be coming after you, and he won’t be coming alone.”
“Come with me,” Fancy said.
Matt shook his head. “No, I’m not going to put you in danger.”
“You want to see Isaac? Come with me.”
* * *
Fancy led Matt to a little cabin on the north side of the Sweetwater River. Made of adobe bricks, the cabin blended in with the surrounding rock outcroppings. One could pass within a hundred yards and never notice it.
“How did you find this place?” Matt asked.
“It was my pa’s. Wait here. I’ll go see Isaac.”
A moment later she and Isaac stepped out of the cabin, and Isaac motioned for him to come ahead.
* * *
“Gentlemen,” Matt said to the other residents of the bunkhouse about an hour later. “This is Isaac Newton. He’ll be staying here with us for a little while.”
“Glad to have you with us, Isaac,” Ed said, extending his hand. He indicated the other two men who were riding for the Spur and Latigo brand. “This is Jake Haver
kost and LeRoy Patterson.”
“And this is the man I told you about.” Matt introduced Gabe Short.
“You told him about me?” Gabe asked, curious as to what that was about. “Is he a cowboy?”
“No,” Matt said with a smile. “This is the man who is going to help you get the title back to your ranch. He’s a lawyer.”
Chapter Thirty-seven
The next morning Matt, Lisa, and Ernest Dean Fawcett sat in the keeping room of the Conway house, drinking coffee as they waited nervously for the results of Dr. Bosch’s attempt to remove the bullet from Hugh’s back. Ernest Dean was there because his wife, Anne, had done some nursing and was assisting the doctor.
They had just started their second cup of coffee when Dr. Bosch came out of the bedroom. Everyone tried to read his face, which was impassive.
“I have something I want to show you,” he said, the expression on his face not changing. Then, with a huge smile, he held out his hand and opened it. “Here’s the bullet!” he said happily. “I got it out with no additional damage.”
“Is he going to be all right? Will he be able to walk again?” Lisa asked anxiously.
“I would say he’ll be walking again within a week,” Dr. Bosch said, his smile growing even broader.
“Oh, Dr. Bosch, thank you. Thank you so much.” Impulsively, Lisa threw her arms around his neck. “Can I see him?”
“He’s still very groggy from the laudanum, but I think that by the time the nurse has finished cleaning him up that he’ll be able to talk to you. Oh, and, Mr. Fawcett, I want to thank you so much for bringing her here to help. The assistance she provided was invaluable.”
Cheyenne, Wyoming Territory
It was just under two weeks since Doctor Bosch removed the bullet from Hugh, and while he could walk on his own, he welcomed the assistance that Matt and Isaac provided in helping him step down from the train. Hailing a cab, Hugh gave the driver the address. “Take us to 200 West Twenty-fourth Street, would you please, driver?”
“Ah, you’re here to visit the new capitol building, are you? Well, sir, it’s a beauty. Bet there ain’t a capitol buildin’ that’s no purtier anywhere in the whole country.”
Once inside the impressive-looking capitol building, they went to the governor’s office.
“My name is Hugh Conway, and I would like to speak with Governor Warren, please.”
The secretary examined his appointment book, then shook his head. “I’m sorry, sir, but I don’t see your name listed here.”
“Please tell the governor that Captain Conway would like an audience,” Hugh said.
“Captain Conway?”
“I’m the one who recommended the governor for his Medal of Honor,” Hugh said.
The appointments secretary smiled. “Oh, my. Yes, I’m certain the governor will want to see you. He’s quite proud of that medal.”
“As well he should be,” Hugh said. “I still remember the citation that I wrote. ‘Corporal Warren volunteered in response to a call, and took part in the movement that was made upon the enemy’s works under a heavy fire therefrom in advance of the general assault.’ I was Adjutant of the 49th Massachusetts Infantry.”
“I will tell him Mr. Conway. Uh, are both of you wanting to see him?”
“Both of us? There are three of us.”
“Uh, yes, indeed, three, but I wasn’t aware that you meant to include the colored man.”
“Mr. Newton is precisely the reason we want to see the governor.”
“Yes, sir.”
“Hugh Conway!” Governor Warren said a moment later, walking around his desk to greet him. “How good to see you! Are you still on the concert tour?”
“No, sir, I’m a rancher now, here in Wyoming.”
Governor Warren nodded. “Well, the music world will miss you, but many of our most outstanding citizens are ranchers.”
Governor Warren looked at the others. “You and your friends have a seat and tell me what I can do for you.”
“Francis, this young man is Isaac Newton. He is a . . .”
“Lawyer,” Governor Warren said before Hugh could finish his comment. “Yes, I have heard of you, Mr. Newton. You represented that colored officer, didn’t you?”
“Lieutenant Henry Flipper. Yes, sir, I did defend him, but not very well, I’m afraid.”
“I was told that you handled the case brilliantly. The finding was a miscarriage of justice.” Governor Warren looked back toward Hugh. “Your visit has to do with Mr. Newton being a lawyer?”
“It does, but only in that he is representing us. Isaac, you have the floor.”
“Governor, I intend to introduce a brief for fieri facias on a case of scandalum magnatum against Judge John Briggs of the Sweetwater District Court.”
Governor Warren chuckled. “I’m not trained in the law, Mr. Newton. I’m afraid you’re going to have to repeat that in English.”
“I’m sorry. What I mean to say is that on behalf of the people of Sweetwater County in general and Mr. Gabe Short in particular, I am petitioning for you to rule upon the malfeasance in office of Judge John Briggs. We are asking you to vacate his office as well as all of his rulings, orders of the court, and appointments he may have made.”
“And why Gabe Short in particular?”
“Let me answer that, Isaac,” Hugh said. “Francis, this man Briggs has no right to call himself a judge. He virtually stole a ranch from Mr. Short by assessing a tax without making public the assessment so that Gabe had no opportunity to make the payment. In private, Briggs told two other men, Garrett Kennedy and Sean O’Neil, about that assessment so they could pay the taxes and take over the ranch.”
Governor Warren nodded in understanding.
“He also refused to prosecute four men for murder when they lynched a man and his wife,” Isaac added.
“You would be talking about Jim Andrews and his wife? I read of it in the paper. How certain are you of the guilt of the four men who were alleged to be there?”
“I am absolutely certain.”
“May I ask why you are so certain?”
“I was an eyewitness to the lynching,” Isaac said resolutely.
Governor Warren nodded. “I would say that is pretty certain. Have you prepared the paper you want signed?”
“Yes sir, I have the Effectus Ordinis ready for your signature.”
“That would be an executive order?”
“Yes, sir,” Isaac said, laying the document on the desk.
* * *
“Well,” Hugh said a couple of hours later after they were on the train and well underway for the return trip. “Isaac, you now have a full pardon from the governor for any laws you may have broken, as well as a writ of removal for Mr. Briggs. And you, Matt, are a specially appointed territorial marshal with jurisdiction to serve the writ on Briggs and to remove DuPont from the office of sheriff. I would say this was a good trip.”
“Yes, sir, but it’s all thanks to you,” Isaac was quick to point out. “We wouldn’t have even been able to see the governor if you hadn’t been with us.”
“Nonsense. You made the argument for us. Speaking of which, let me see that executive order again,” Hugh said. “And if you don’t mind, I’ll just read it aloud.”
Clearing his throat, Hugh began to read in an affected “official” voice. “This Effectus Ordinis is in result of extensive findings of fact and conclusions of law as to numerous acts of judicial misconduct of Judge John Briggs for failing to diligently and competently discharge the administrative responsibilities incumbent upon him as a judicial officer. It has been determined that Briggs did improperly dismiss those who have committed criminal actions, and has without cause transferred ownership of property.
“Therefore I, Frances Warren, Governor of the Territory of Wyoming by appointment of Chester A. Arthur, President of the United States, and acting as Commissioner of Retirement, Removal, and Discipline do hereby order that John Briggs be removed from the office of Judge of th
e Sweetwater Country Judicial Circuit of the Territory of Wyoming.
“I hereto affix my hand and seal.”
Hugh looked up from the reading. “And it’s signed, Frances E. Warren, Governor.” He handed the document to Matt. “It is up to you, Territorial Marshal Matt Jensen, to send Mr. Briggs packing.”
“And DuPont,” Isaac said. “I personally will be particularly happy to see him leave.”
* * *
Two days later Matt, Ed Sanders, LeRoy Patterson, Isaac Newton, and Gabe Short rode out to the Circle Dot Ranch. Two men, Chris Dumey and Marvin Usher, riders for the Straight Arrow, were staying in the bunkhouse rather than the main house. They came out to meet Matt and the others as they rode up.
“You folks is trespassin’, lessen you’re comin’ to visit someone. There ain’t nobody here to visit but me ’n Marvin, ’n I don’t think you’re here to visit us.”
“Which one of you is in charge?” Matt asked.
“I’m the one that’s doin’ the talkin’.”
“His name is Dumey,” Sanders said.
“Mr. Dumey, are there any Straight Arrow cattle on this ranch?” Matt asked.
“I reckon there is, seein’ as ever’ cow on this land belongs to Mr. Kennedy ’n Mr. O’Neil now.”
Matt continued. “Are there any cattle here with the Straight Arrow brand?”
“Prob’ly a few, but not many. Why are you askin’?”
“I want you and . . .” Matt looked at Sanders.
“Usher,” Ed said, naming the second man.
“I want you and Usher to gather up whatever is yours, then leave.”
“What do you mean, leave?” Dumey asked. “It was Mr. O’Neil his ownself that told us to come over here ’n keep anyone else off their land.”
“This isn’t their land.”
“How is that?”
Matt looked at Isaac. “Mr. Newton, would you explain the situation, please?”
“The adjudication that awarded this ranch to Kennedy and O’Neil was deemed to be without merit and has been vacated. Ownership has thus devolved to Mr. Gabe Short. That would be this man.” Isaac pointed to Gabe.
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