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Wizards, Whiskey and Wonderful Things - Concluded
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<blockquote data-quote="Silver Moon" data-source="post: 2070575" data-attributes="member: 8530"><p><strong>Chapter Thirteen, “Arrested”, Friday, March 10th, 1882, 2:00 P.M.</strong></p><p></p><p>"Confession? You must be joking." Jake looks at Wyatt. "I'll confess to being naive in trusting that I could tell the Condon's the truth in this matter. I should have thrown those keys in the street and left you to find out on your own how much you can trust Scarface Jones." </p><p></p><p>Jake just shakes his head. "I'm no bank robber. Why in Hades would I need to rob a bank? I've got cash in both banks, own part of a saloon and a percent in a silver mine. There's no sense in throwing all that away even if I was the type to rob a bank. WHICH I AM NOT." Jake finishes with emphasis. "We have done nothing wrong. I gave you a set of keys, if they don't belong to you give them back to Jones."</p><p></p><p>Chester exclaims, "What in the name of Olympus is going on? We took bullets for you. Jake almost died. Mr. Condon, do you think we're going to rob you? Jones came up to me and Jake trying to wrangle us into helping him. So we both told you about his plan. Don't you believe us?" Chester crosses his arms. "Where is Jones anyway?"</p><p></p><p>Frank looks up towards Wyatt and says "Martin did try to warn me about Jones, around a month ago. Cook didn't say anything until today." Wyatt replies, "It sounds like I'd better have myself a private talk with Mr. Martin. Eduardo, Warren, please escort Mr. Cook down to my office and lock him up for the time being. Make sure he doesn't have any concealed weapons on his person."</p><p></p><p>"I've a knife in my boot and a derringer on my back belt." Jake stands slowly and keeps his hands up in the air. "Help yourself." Eduardo retrieves both of the weapons that Jake spoke of and hands them to Warren, who puts them in his coat pocket. While he is doing this Jake manages to get a good look down Eddie's right boot, seeing knives of two different styles and a bulge where a third one is probably concealed. </p><p></p><p>Jake says, "Frank, I tried to keep this quiet. I know that folks in town wonder about the safety of the bank since you've been hit so many times. You don't care too much about that now apparently. Mr. Earp would you send someone for my lawyer, Mitchell Berg, after you escort me to your jail? I believe I am in need of one." </p><p></p><p>Frank looks to Wyatt and says "He has a point. Do we have to draw attention to this?" Earp replies "No. This investigation is still very preliminary. I haven't had a chance yet to question two of the suspects." He then glances to Ruby and adds, "or perhaps three." He continues "I want to get all of the facts together before I speak to Judge Isby. He is expected to arrive back this weekend. We can keep this quiet for now Frank. Eduardo just arrived today and people don't know him or that he's working for me. Eddie, you walk alongside Mr. Cook down to the office. Warren, you follow but keep a distance so it is not obvious that you are together."</p><p></p><p>"Fine. But I still want to talk to Berg." Jake turns to Eduardo. "Please don't neglect to mention you were in the saloon and saw Jones hand me those keys just a little while ago." He then looks at Ruby. "It will be fine. Berg can represent you also, if there is a problem." Turning back to Eduardo. "Lead on." Jake and Eduardo leave. Warren follows a few minutes later. Morgan Condon relocks the bank door after they go. </p><p></p><p>Nanuet sees Jake being escorted out. He decides that it is better to not cause any trouble at this point so he stays out of the way, even stepping into the Indian Head saloon if need be to avoid them. He waits a few moments then looks to see if Ruby comes out of the bank or not. </p><p></p><p>Wyatt turns to Ruby and says "So Miss. West, what is you involvement in this?" She exclaims, "I'm not involved in this, and neither are Jake or Chester. If we were planning on robbing the bank why would we come here and tell you first? That Jones guy has been harassing Jake since he started working at this bank. And why would we throw away everything we worked so hard for around here?"</p><p></p><p>Wyatt says "Oh, it seems obvious that things have changed and Cook either changed his mind or lost his nerve. But that doesn't mean that he wasn't involved in a conspiracy to commit a bank robbery. As for Martin, I'll find out in the next few minutes what he knows about this. Miss. West, up until I walked through that door I did not have reason to suspect that you were involved. So if you continue to deny that you are then I guess you're free to go now."</p><p></p><p>She says, "Yeah, things changed. Jones walk into MY saloon and dropped a set of keys with a plan to rob the bank tonight. That's what changed." Ruby stands slowly. "I'm going to get Mr. Berg." Earp says "Fine, that will save us a trip. Good day Miss West." Morgan Condon unlocks the door for her to exit. Frank Condon looks over at the teller's windows and says "Bruce, Mark, why don't the two of you go next door to the Indian Head for a snack. We'll come get you when we need you again." Both tellers also leave, and Morgan relocks the door. </p><p></p><p>When Nanuet sees Ruby come out of the bank they chat for a moment. "They are taking Jake to the jail!" Ruby exclaims. "They think we were trying to rob the bank!" "I figured something like that was going on, I saw Jake leaving just a moment ago. What do we do now?" Ruby replies "I am going to see Mr. Berg, Jake asked to see him before he talks to the Earps." Nanuet answers "I am going to find that dirtbag Jones and see if he wants to shed some light on things." </p><p></p><p>Once there are only the four of them left in the room Wyatt gestures to the chair that Ruby vacated and says "Mr. Martin. Why don't you have a seat and tell myself and the Condon brothers everything that you know about this potential bank robbery. Take your time and go into as much detail as you know."</p><p></p><p>Chester takes the offered seat. He isn't happy about these recent events. After taking a moment to relax, he begins. "OK, Marshall. In early January, Jake, that is, Mr. Cook, introduced me to the Condons as a potential guard as a replacement for him. They hired me on and I began working here a couple days later. The day of the Douglas robbery, Jones came up to me and told me the robbery would delayed. Not long after Deadeye Douglas came into the bank in disguise. Mr. Cook gets shot, I get shot. Douglas and part of his gang escape. </p><p></p><p>Later on, I ask Jones if he had anything to do with Douglas. He tells me no, but talks as though me, Mr. Cook, and him were still in this together. I get tired of it and walk off. Then I told the Condons what Jones had in mind. "Today, Jones comes up to me again saying he has the fake keys and the plan is to go tonight. I brush him off and he leaves. That's where you come in."</p><p></p><p>Frank says, "Why didn't you tell either myself or my brother today! There were times after Jones left where there wasn't anyone except us and the tellers in the room. Why didn't you say something if you weren't involved? Chester says, "I don't know. I thought he was all talk, I guess. Lucky for you he doesn't know the truth about the money." </p><p></p><p>Wyatt Earp says "I'm going to level with you here, Martin. It doesn't look all that good for you. You obviously knew of Danby's plans but kept them to yourself. Seems mighty convenient to deny your involvement now that it's gone sour. I understand that you and Cook are friends, but you should know that he sold both you and Jones out. We wouldn't be sitting here now if he hadn't betrayed the both of you. This town just got its third lawyer. If you're smart you'll hire yourself a different one than the two of them and cut yourself a deal. I'd say at least two of you are going to prison, you can think about which two you'd rather that be." Chester says, "What? I do want a lawyer now… Please." </p><p></p><p>Wyatt gets up and tells the Condon's "Can you watch him until I can send Warren back? I need to go talk with Cook in private." Frank says, "Sure, we're both armed and there's only one way out of here. Morgan, you go let Marshall Earp out and stay over there and guard the door. I'll stay seated here with Martin." After the Marshall leaves, Chester asks Frank, "Now what?" Frank looks at his watch. "Hope that deputy comes back soon, I'd hate to be closed the rest of the day." </p><p>Morgan just shakes his head at Chester with a disappointed look on his face and says "And we trusted you! All three of you!"</p><p></p><p>Chester shouts back, "And what about you. I tell you Jones is planning something and you do nothing. Jake hands over the fake keys, and you blame us." The ex-soldier throws his hands in the air in disgust. "Good luck finding guards in the future." Morgan's hand drops near his holster. "You can thank Tyche Jones didn't know about the fake money, otherwise even he could have robbed you blind."</p><p></p><p>Nanuet heads back to the Lucky Lady and looks for Jeff Mills and Harry Rote. "I need you guys to help me with something. It's a long story and I don't have time to explain. They have Jake at the jail and are accusing him of planning a bank robbery. I need to find Danby Jones, he set this whole mess up. Can you help?" He replies, "Danby? We both live over at the Double Eagle Boarding House. His room is two doors down from mine. During the day he works at both the bank and over at Drover's Livery. I think he spends most of his time at the Livery since it's owner Austin Blake prefers to spend time at the hotel instead."</p><p></p><p>Eduardo and Jake arrive at the Marshall's Office. Eddie says "Just wait by the front door until Warren arrives with the key." Jake says, "So Eduardo, who is setting me up? I mean you just happened to be in my saloon? Are you a law officer interested in the truth, or just helping to put me in Jail?" He replies, "It's not always easy for those of my race to find employment in human communities. I worked with Wyatt Earp back when he was an Assistant Marshall in Dodge City, Kansas. He recently offered me a job here. When I arrived today he put me to work on this case."</p><p></p><p>"So you were watching me?!" Jake says disgusted. "I know what you mean about folks not giving somebody a break. What was I supposed to do? See what happened when I tried to tell someone about it. Bastards!" Jake looks away from Eduardo. "I'm sure they'll be able to railroad me in. Well congratulations, you got yourself a big name case. Who cares if an innocent man goes to jail or not."</p><p></p><p>Eduardo replies, "All I know is what I heard, I am not the judge here. It is up to him to decide who is innocent. It does appear that you are jumping to conclusions. All that the Marshall has asked is for us to hold you until he has a chance to talk to you privately about this matter." Jake says, "Perhaps you are right. Having the Marshall pull a shotgun on me doesn't exactly give me confidence though." Jake adds sarcastically. "I'm sure the poor kid from Philadelphia turned gambler will get a fair chance."</p><p></p><p>Eduardo states, "He was only being careful and didn't want you or your friends to try anything foolish. Mr. Martin was obviously armed, we now know that you were too and for that matter your friend Ruby may have been as well." Warren arrives with the key and unlocks the door. The three enter. The building is empty of occupants and Warren unlocks one of the two jail cells and gestures for Jake to enter.</p><p></p><p>Jake fishes the silver card case out of his pocket and hands it to Warren. He then gets in the cell. "Check it out please, be satisfied that it is only a deck of cards. I'd like it back so I can keep myself occupied." Warren removes the cards and hands them back to Jake. He says "I'm holding on to the case for now. It's hard enough to be used as a weapon."</p><p></p><p>Ruby heads over to Mitchell Berg's Office, knocks and walks in. "Mr. Berg?" she calls out. “Come in" he states. He immediately notices that Ruby appears to be upset and offers her a cup of tea. "I'd prefer a whiskey..." She sees his disapproving glance, "Tea is great, thanks." She takes the cup. He asks her to sit and explain what she needs him for. She proceeds to tell Mitchell Berg the whole story of Jones and how they are questioning Chester and Jake is in jail. </p><p></p><p>"So you're his lawyer, let's go get him out of this mess..." He replies,"I'm his lawyer for business matters. Criminal cases I either take or decline on a case-by-case basis. I won't defend anybody if I think they are guilty of the accused crime, as I can not convincingly make a case to a judge if I do not believe it myself. From what you told me it sounds like he is innocent, but all of your information is second hand. Were you present and did you hear any of those conversations between Jones, Martin and Cooke? If not, then I will need to talk to Cook before I decide if I am going to take the case."</p><p></p><p>Berg arrives at the Marshall's Office. Ruby had accompanied him. He asks her to wait outside. She refuses. He tells her "Then you can find him another lawyer. I need to talk to him and him alone." She reluctantly takes a seat on the bench outside of the office. He goes in side and explains that he needs to talk to Mr. Cook. "You his lawyer?" Warren asks. "That's what this conversation will decide," is Berg's answer. Eduardo notices Ruby outside and decides to head out to keep an eye on her. </p><p></p><p>Warren asks if he has any weapons and Berg says that he does not. Warren unlocks the cell and lets Berg inside, then goes and moves his chair to the opposite end of the room, where he can watch both men in the cell while presumably still being far away to not hear what they are saying. "Good afternoon Mr. Berg. Thanks for coming. Sorry I can't offer you anything," Jake tells apologetically.</p><p></p><p>Keeping his voice low Berg says. "First off, why don't you tell me why you just happened to pick today to put me on retainer? Did you know this was about to happen?" Jake is taken aback. "No. Serendipity I guess. I hadn't really thought about it. I had been meaning to do that for some time. I was really worried that Evan Adair would start something up between his saloon and ours." Jake lets out a big sigh. "I'm just settling in here, Promise City that is not jail. When Jones came in earlier it spooked me, I've got a lot to lose for a change. If I had been thinking clearly I would have come to you first for advice. If you don't believe me ask Ruby, I told her early today that I was going to put you on retainer for us."</p><p></p><p>Berg replies, "Well, I'll tell you what I told her. I'm your lawyer for business matters. Criminal cases I'll take or decline on a case-by-case basis. I won't defend anybody who I think is guilty of the crime they are accused of. I need to genuinely believe in my client's innocence. How can I convincingly make a case to a judge if I do not believe it myself? In this instance, I haven't had a chance to speak to the Marshall yet, which works in your favor, as he probably wouldn't even allow me to talk to you until after he gets to. So, tell me what you have to say before he come back and interrupts us." </p><p></p><p>Jake tells his story to Berg, the whole history with Jones and what happened before this day. “Only a few hours later Jones walks into my saloon and hands me keys. He put keys in my hands. No more innuendo. Now for all I know those keys open the outhouse. I talk to my friends for advice for a couple of minutes. They don't know what to do either. I decide to go to Condon right away. Now I'm in jail." Jake stops talking and looks at Berg. "What else do you want to know?"</p><p></p><p>He replies "I want you to know that I'm not a fool. You knew damned well what those keys were for, and it wasn't an outhouse. You say something that foolish in front of Judge Isby you might as put a ‘Hang Me Now’ sign around your neck.” Is that clear?" </p><p></p><p>Marshall Earp walks in and yells to Warren "What's Berg doing here!" Warren stammers out "He..he's Cook's lawyer." Berg says, "Actually, I haven't decided to take the case yet. I haven't heard the charges yet." Earp says "Right now, conspiracy to commit bank robbery, but I'm still working the investigation so that could change. I've talk to the other two co-conspirators and need to hear what Cook has to say. "I'd like to stay for that" Berg says. Earp says, "Okay, keep your mouth shut and turn and look at the wall. Cook you look at me, I don't want you responding based on Berg's signals." Earp then glares at Cook and says "Start talking. I'm listening."</p></blockquote><p></p>
[QUOTE="Silver Moon, post: 2070575, member: 8530"] [B]Chapter Thirteen, “Arrested”, Friday, March 10th, 1882, 2:00 P.M.[/B] "Confession? You must be joking." Jake looks at Wyatt. "I'll confess to being naive in trusting that I could tell the Condon's the truth in this matter. I should have thrown those keys in the street and left you to find out on your own how much you can trust Scarface Jones." Jake just shakes his head. "I'm no bank robber. Why in Hades would I need to rob a bank? I've got cash in both banks, own part of a saloon and a percent in a silver mine. There's no sense in throwing all that away even if I was the type to rob a bank. WHICH I AM NOT." Jake finishes with emphasis. "We have done nothing wrong. I gave you a set of keys, if they don't belong to you give them back to Jones." Chester exclaims, "What in the name of Olympus is going on? We took bullets for you. Jake almost died. Mr. Condon, do you think we're going to rob you? Jones came up to me and Jake trying to wrangle us into helping him. So we both told you about his plan. Don't you believe us?" Chester crosses his arms. "Where is Jones anyway?" Frank looks up towards Wyatt and says "Martin did try to warn me about Jones, around a month ago. Cook didn't say anything until today." Wyatt replies, "It sounds like I'd better have myself a private talk with Mr. Martin. Eduardo, Warren, please escort Mr. Cook down to my office and lock him up for the time being. Make sure he doesn't have any concealed weapons on his person." "I've a knife in my boot and a derringer on my back belt." Jake stands slowly and keeps his hands up in the air. "Help yourself." Eduardo retrieves both of the weapons that Jake spoke of and hands them to Warren, who puts them in his coat pocket. While he is doing this Jake manages to get a good look down Eddie's right boot, seeing knives of two different styles and a bulge where a third one is probably concealed. Jake says, "Frank, I tried to keep this quiet. I know that folks in town wonder about the safety of the bank since you've been hit so many times. You don't care too much about that now apparently. Mr. Earp would you send someone for my lawyer, Mitchell Berg, after you escort me to your jail? I believe I am in need of one." Frank looks to Wyatt and says "He has a point. Do we have to draw attention to this?" Earp replies "No. This investigation is still very preliminary. I haven't had a chance yet to question two of the suspects." He then glances to Ruby and adds, "or perhaps three." He continues "I want to get all of the facts together before I speak to Judge Isby. He is expected to arrive back this weekend. We can keep this quiet for now Frank. Eduardo just arrived today and people don't know him or that he's working for me. Eddie, you walk alongside Mr. Cook down to the office. Warren, you follow but keep a distance so it is not obvious that you are together." "Fine. But I still want to talk to Berg." Jake turns to Eduardo. "Please don't neglect to mention you were in the saloon and saw Jones hand me those keys just a little while ago." He then looks at Ruby. "It will be fine. Berg can represent you also, if there is a problem." Turning back to Eduardo. "Lead on." Jake and Eduardo leave. Warren follows a few minutes later. Morgan Condon relocks the bank door after they go. Nanuet sees Jake being escorted out. He decides that it is better to not cause any trouble at this point so he stays out of the way, even stepping into the Indian Head saloon if need be to avoid them. He waits a few moments then looks to see if Ruby comes out of the bank or not. Wyatt turns to Ruby and says "So Miss. West, what is you involvement in this?" She exclaims, "I'm not involved in this, and neither are Jake or Chester. If we were planning on robbing the bank why would we come here and tell you first? That Jones guy has been harassing Jake since he started working at this bank. And why would we throw away everything we worked so hard for around here?" Wyatt says "Oh, it seems obvious that things have changed and Cook either changed his mind or lost his nerve. But that doesn't mean that he wasn't involved in a conspiracy to commit a bank robbery. As for Martin, I'll find out in the next few minutes what he knows about this. Miss. West, up until I walked through that door I did not have reason to suspect that you were involved. So if you continue to deny that you are then I guess you're free to go now." She says, "Yeah, things changed. Jones walk into MY saloon and dropped a set of keys with a plan to rob the bank tonight. That's what changed." Ruby stands slowly. "I'm going to get Mr. Berg." Earp says "Fine, that will save us a trip. Good day Miss West." Morgan Condon unlocks the door for her to exit. Frank Condon looks over at the teller's windows and says "Bruce, Mark, why don't the two of you go next door to the Indian Head for a snack. We'll come get you when we need you again." Both tellers also leave, and Morgan relocks the door. When Nanuet sees Ruby come out of the bank they chat for a moment. "They are taking Jake to the jail!" Ruby exclaims. "They think we were trying to rob the bank!" "I figured something like that was going on, I saw Jake leaving just a moment ago. What do we do now?" Ruby replies "I am going to see Mr. Berg, Jake asked to see him before he talks to the Earps." Nanuet answers "I am going to find that dirtbag Jones and see if he wants to shed some light on things." Once there are only the four of them left in the room Wyatt gestures to the chair that Ruby vacated and says "Mr. Martin. Why don't you have a seat and tell myself and the Condon brothers everything that you know about this potential bank robbery. Take your time and go into as much detail as you know." Chester takes the offered seat. He isn't happy about these recent events. After taking a moment to relax, he begins. "OK, Marshall. In early January, Jake, that is, Mr. Cook, introduced me to the Condons as a potential guard as a replacement for him. They hired me on and I began working here a couple days later. The day of the Douglas robbery, Jones came up to me and told me the robbery would delayed. Not long after Deadeye Douglas came into the bank in disguise. Mr. Cook gets shot, I get shot. Douglas and part of his gang escape. Later on, I ask Jones if he had anything to do with Douglas. He tells me no, but talks as though me, Mr. Cook, and him were still in this together. I get tired of it and walk off. Then I told the Condons what Jones had in mind. "Today, Jones comes up to me again saying he has the fake keys and the plan is to go tonight. I brush him off and he leaves. That's where you come in." Frank says, "Why didn't you tell either myself or my brother today! There were times after Jones left where there wasn't anyone except us and the tellers in the room. Why didn't you say something if you weren't involved? Chester says, "I don't know. I thought he was all talk, I guess. Lucky for you he doesn't know the truth about the money." Wyatt Earp says "I'm going to level with you here, Martin. It doesn't look all that good for you. You obviously knew of Danby's plans but kept them to yourself. Seems mighty convenient to deny your involvement now that it's gone sour. I understand that you and Cook are friends, but you should know that he sold both you and Jones out. We wouldn't be sitting here now if he hadn't betrayed the both of you. This town just got its third lawyer. If you're smart you'll hire yourself a different one than the two of them and cut yourself a deal. I'd say at least two of you are going to prison, you can think about which two you'd rather that be." Chester says, "What? I do want a lawyer now… Please." Wyatt gets up and tells the Condon's "Can you watch him until I can send Warren back? I need to go talk with Cook in private." Frank says, "Sure, we're both armed and there's only one way out of here. Morgan, you go let Marshall Earp out and stay over there and guard the door. I'll stay seated here with Martin." After the Marshall leaves, Chester asks Frank, "Now what?" Frank looks at his watch. "Hope that deputy comes back soon, I'd hate to be closed the rest of the day." Morgan just shakes his head at Chester with a disappointed look on his face and says "And we trusted you! All three of you!" Chester shouts back, "And what about you. I tell you Jones is planning something and you do nothing. Jake hands over the fake keys, and you blame us." The ex-soldier throws his hands in the air in disgust. "Good luck finding guards in the future." Morgan's hand drops near his holster. "You can thank Tyche Jones didn't know about the fake money, otherwise even he could have robbed you blind." Nanuet heads back to the Lucky Lady and looks for Jeff Mills and Harry Rote. "I need you guys to help me with something. It's a long story and I don't have time to explain. They have Jake at the jail and are accusing him of planning a bank robbery. I need to find Danby Jones, he set this whole mess up. Can you help?" He replies, "Danby? We both live over at the Double Eagle Boarding House. His room is two doors down from mine. During the day he works at both the bank and over at Drover's Livery. I think he spends most of his time at the Livery since it's owner Austin Blake prefers to spend time at the hotel instead." Eduardo and Jake arrive at the Marshall's Office. Eddie says "Just wait by the front door until Warren arrives with the key." Jake says, "So Eduardo, who is setting me up? I mean you just happened to be in my saloon? Are you a law officer interested in the truth, or just helping to put me in Jail?" He replies, "It's not always easy for those of my race to find employment in human communities. I worked with Wyatt Earp back when he was an Assistant Marshall in Dodge City, Kansas. He recently offered me a job here. When I arrived today he put me to work on this case." "So you were watching me?!" Jake says disgusted. "I know what you mean about folks not giving somebody a break. What was I supposed to do? See what happened when I tried to tell someone about it. Bastards!" Jake looks away from Eduardo. "I'm sure they'll be able to railroad me in. Well congratulations, you got yourself a big name case. Who cares if an innocent man goes to jail or not." Eduardo replies, "All I know is what I heard, I am not the judge here. It is up to him to decide who is innocent. It does appear that you are jumping to conclusions. All that the Marshall has asked is for us to hold you until he has a chance to talk to you privately about this matter." Jake says, "Perhaps you are right. Having the Marshall pull a shotgun on me doesn't exactly give me confidence though." Jake adds sarcastically. "I'm sure the poor kid from Philadelphia turned gambler will get a fair chance." Eduardo states, "He was only being careful and didn't want you or your friends to try anything foolish. Mr. Martin was obviously armed, we now know that you were too and for that matter your friend Ruby may have been as well." Warren arrives with the key and unlocks the door. The three enter. The building is empty of occupants and Warren unlocks one of the two jail cells and gestures for Jake to enter. Jake fishes the silver card case out of his pocket and hands it to Warren. He then gets in the cell. "Check it out please, be satisfied that it is only a deck of cards. I'd like it back so I can keep myself occupied." Warren removes the cards and hands them back to Jake. He says "I'm holding on to the case for now. It's hard enough to be used as a weapon." Ruby heads over to Mitchell Berg's Office, knocks and walks in. "Mr. Berg?" she calls out. “Come in" he states. He immediately notices that Ruby appears to be upset and offers her a cup of tea. "I'd prefer a whiskey..." She sees his disapproving glance, "Tea is great, thanks." She takes the cup. He asks her to sit and explain what she needs him for. She proceeds to tell Mitchell Berg the whole story of Jones and how they are questioning Chester and Jake is in jail. "So you're his lawyer, let's go get him out of this mess..." He replies,"I'm his lawyer for business matters. Criminal cases I either take or decline on a case-by-case basis. I won't defend anybody if I think they are guilty of the accused crime, as I can not convincingly make a case to a judge if I do not believe it myself. From what you told me it sounds like he is innocent, but all of your information is second hand. Were you present and did you hear any of those conversations between Jones, Martin and Cooke? If not, then I will need to talk to Cook before I decide if I am going to take the case." Berg arrives at the Marshall's Office. Ruby had accompanied him. He asks her to wait outside. She refuses. He tells her "Then you can find him another lawyer. I need to talk to him and him alone." She reluctantly takes a seat on the bench outside of the office. He goes in side and explains that he needs to talk to Mr. Cook. "You his lawyer?" Warren asks. "That's what this conversation will decide," is Berg's answer. Eduardo notices Ruby outside and decides to head out to keep an eye on her. Warren asks if he has any weapons and Berg says that he does not. Warren unlocks the cell and lets Berg inside, then goes and moves his chair to the opposite end of the room, where he can watch both men in the cell while presumably still being far away to not hear what they are saying. "Good afternoon Mr. Berg. Thanks for coming. Sorry I can't offer you anything," Jake tells apologetically. Keeping his voice low Berg says. "First off, why don't you tell me why you just happened to pick today to put me on retainer? Did you know this was about to happen?" Jake is taken aback. "No. Serendipity I guess. I hadn't really thought about it. I had been meaning to do that for some time. I was really worried that Evan Adair would start something up between his saloon and ours." Jake lets out a big sigh. "I'm just settling in here, Promise City that is not jail. When Jones came in earlier it spooked me, I've got a lot to lose for a change. If I had been thinking clearly I would have come to you first for advice. If you don't believe me ask Ruby, I told her early today that I was going to put you on retainer for us." Berg replies, "Well, I'll tell you what I told her. I'm your lawyer for business matters. Criminal cases I'll take or decline on a case-by-case basis. I won't defend anybody who I think is guilty of the crime they are accused of. I need to genuinely believe in my client's innocence. How can I convincingly make a case to a judge if I do not believe it myself? In this instance, I haven't had a chance to speak to the Marshall yet, which works in your favor, as he probably wouldn't even allow me to talk to you until after he gets to. So, tell me what you have to say before he come back and interrupts us." Jake tells his story to Berg, the whole history with Jones and what happened before this day. “Only a few hours later Jones walks into my saloon and hands me keys. He put keys in my hands. No more innuendo. Now for all I know those keys open the outhouse. I talk to my friends for advice for a couple of minutes. They don't know what to do either. I decide to go to Condon right away. Now I'm in jail." Jake stops talking and looks at Berg. "What else do you want to know?" He replies "I want you to know that I'm not a fool. You knew damned well what those keys were for, and it wasn't an outhouse. You say something that foolish in front of Judge Isby you might as put a ‘Hang Me Now’ sign around your neck.” Is that clear?" Marshall Earp walks in and yells to Warren "What's Berg doing here!" Warren stammers out "He..he's Cook's lawyer." Berg says, "Actually, I haven't decided to take the case yet. I haven't heard the charges yet." Earp says "Right now, conspiracy to commit bank robbery, but I'm still working the investigation so that could change. I've talk to the other two co-conspirators and need to hear what Cook has to say. "I'd like to stay for that" Berg says. Earp says, "Okay, keep your mouth shut and turn and look at the wall. Cook you look at me, I don't want you responding based on Berg's signals." Earp then glares at Cook and says "Start talking. I'm listening." [/QUOTE]
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