"Ballots & Bullets" (TSR Module BH3) Concluded!

[Queenie]

A few of you have contacted me over the months about Ruby's fate. I so appreciate it! Feel free to post your comments in this thread too, I'm sure the GM and the other players would like to see your comments.

As for Ruby's fate, I'm sure the last chapter has surprised some of you. I know you all loved Ruby & Jake together but remember that Ruby is chaotic and these days thrives on following her heart and Aphrodite. Keep reading, you never know where her heart will take her. I promise you'll find out what happens to her

 

[Silver Moon]

Chapter Two-hundred-thirty-five, “Picking the Earp Jurors”, Monday, June 19th, 6:30 A.M.

Kate got up early and rode out to the ranch, bringing back two of the horses she knew had good stamina and speed and put them in the stables at the El Parador before getting dressed in her grey suit for the morning's proceedings. After a quick snack she went into the schoolroom to wait for Meghan and Mollie to arrive. The other two teachers are soon there. Mollie says that her husband Nate will be coming by later "To give the students a lesson in civics so that they will have a better understanding of the election that is going to take place in the town tomorrow."

Kate says, "Good. Who better than an election official to explain it all, I'm looking forward to hearing it myself. I can hardly believe your family only came here a month ago." She realized she was babbling and added, "I'm sorry, I have to go testify this morning and that always rattles me a bit." Meghan says, "You will do fine. Just tell the truth, that is all you can do." Kate answers, "I know. And this time is much simpler than most others I've had to go for. I suppose it's the first time I was actually hurt, rather than just a witness." She embraced them both. "I should go, I wouldn't want to be late. I'll be back after Wyatt Earp's trial."

Mollie says, "Then we won't wait for you, that trial could last for days." Kate says, "What am I thinking? You're right. I'll stay and see it started, then come back. Mr. Stevens is bringing his daughters Jackie and Agatha to enroll today. Feel free to make him fill out plenty of paperwork, it seems to give him comfort," she smiled. "I'm sure he'll understand why I can't be here myself this morning." Meghan says, "Of course, as a banker he of all people will understand the need to be in court for legal matters." "I'm sure. I'll see you before lunch, I hope," Kate said, then straightened her grey jacket and walked over to the Town Hall.

Chester wakes up and heads to the office. Berg is there and shortly the other deputies file in. Chester pours a cup of coffee from the pot on the stove. Eduardo has been on duty at the office and jail for the night and Berg sends him home. The Marshal tells his other three deputies, "Those soldiers being in town have been a big help but hopefully after today we won't need them any more. We'll need two of us here today with the prisoners, one to escort each prisoner when needed and one to stay with whoever is left. We will also need two over at the Town Hall, one up front by the judge and the other near the door. And Chet, Upton has indicated that he will be needing the both of us as witnesses for the Earp trial."

Chester nods, "OK, Mitch. That won't be a problem. If we're needed to testify, then we should be the ones at Town Hall. That way the prisoners won't be unguarded." Berg agrees and leaves the prisoners under the care of Deputies Barker and Cassidy as he leads himself and Chester over to the Town Hall. The building is locked although a crowd has already gathered outside. Chumbley is out front selling today's newspaper, the lead story being about the Earp trial and the other page one story being a recap of the previous day's poker tournament. Mitchell Berg opens it up and lets people head inside.

Chester stands by the door as people file in. He watches for anyone carrying concealed weapons. Once everyone is inside, Berg goes inside while Chester stands guard outside. By the time Kate arrives it was already crowded, but she managed to find a seat near the aisle in the center of the room. The Town Hall is around half filled with spectators by the time that Judge Isby and Kevin Tomlinson arrive. The front row is filled with twenty reporters and photographers, including surprisingly Angelica Young.

Tomlinson carries a wooden box which he places on the podium on the stage. Cochise County Sheriff John Behan approaches the stage and is admitted up, taking a chair to one side of the podium. Attorney Elihu Upton seats himself on the other side of the podium. John Behan has a notepad which he opens. Judge Isby calls the assembly to order. Chester stands in front of the building by the door. He strains to hear what is being said inside, but can't make out anything.

The Judge says, "This box contains the names of all eligible voters, with any who have either died, moved away or become imprisoned since voter registration having been removed. Mr. Tomlinson will draw from the 248 slips of paper inside until we have a dozen names who neither attorney object to. Objections must be for what I deem a valid reason. Those people will then be summoned here and questioned by me as to whether they can render an impartial decision. Additional names will then be drawn if necessary. You may begin Mr. Tomlinson."

He reaches into the box and removes a slip of paper which is passed to the Judge. Isby announces the name "Hannah Milford". Elihu Upton states "I have no objection." Behan checks his list and says, "Nor do I". Kate reflected that thankfully, there were plenty of people in town who had little to no connection to the Earps whatsoever. Perhaps this would be simpler than she thought. Of course, she had no fear of being chosen herself. Sheriff Behan would object in an instant.

The next name is drawn and announced "Abel Weir". Neither attorney object. Kate vaguely recognizes the name and thinks he works at one of the smaller mines in town. The third name drawn is "Darla Peacock". Neither attorney object to her either. The fourth name drawn is "Fritz Meuller". Tomlinson tells the Judge "It will take a while to go get him, he's one of the Von Zeppelin workers up near Bowie Mountain." Judge Isby says, "We will dispatch a rider once all of the names are drawn." Neither attorney objects to Mr. Meuller.

The fifth name drawn is "Margaret Watkins". Behan checks his list and says "I object. She was Wyatt Earp's landlady, he lived under her roof at the Great Western Boarding House." Attorney Upton says, "I too object, but for different reasons. Judge Isby, last week you sentenced her son to hang, so I doubt she would be able to be an impartial observer in your courtroom." Judge Isby says, "Very well, she is excused from Jury duty." Kate closed her eyes for a moment. Whatever else had happened, she couldn't wish the death of a child on any mother. No word of the Kings had reached her ears in the last few days either. Emery would know what their plans were.

The next name drawn is "Rudolph Baines". Upton says, "I have a possible objection. Mr. Baines's butcher shop was damaged in the explosion that resulted in my client's capture. He might blame my client for the damages." Judge Isby says, "Knowing Mr. Baines I find that unlikely but I will question him about that when he arrives." Kate didn't really know Mr. Baines, but it would be understandable if he held Mr. Earp somewhat accountable. They were almost halfway through now and it was going better than she's hoped it would.

The next name drawn is "Justin Boyer". He is the owner of the Gilla Belle Mine in town and Kate has seen him in the Lucky Lady once or twice. Neither lawyer objects. The next name drawn is "Albert Brower". Neither lawyer objects to him either. Kate pondered that Mr. Brower was going to have a hard day. With his partner on trial and now being selected for the jury. Kate hadn't seen him since before Mr. Watson had shot at Edwin Booth. She would have to be sure to speak with him soon.

The next name drawn is "Estaban Fuente". Neither lawyer object. The ninth potential juror is "Maxwell Brown". Kate has seen the ice house owner several times, as he dines at the El Parador and is part of Dorita's 'extended family'. Neither attorney objects to Mr. Brown. Kate reflected that it was a busy time for Esteban too with the elections tomorrow. It would be a good day to go spend some time at the El Parador with her family. Perhaps after school there would be time.

The name drawn for the tenth potential juror is Tempel Morand. Neither attorney object to the rancher. Tomlinson tells the judge that he is another one who may take time to notify and get into town. The next name drawn is "Sonoma Figures". Kate clamped her mouth shut before any sounds could come out. As far as anyone knew Sonoma had no connections to Earp, and perhaps she would be considered not close enough to Kate to be excused for conflict of interest. Of course, Kate could be exaggerating her own importance.

Sheriff Behan checks his list and says, "I object to that juror. Her business partner Katherine Kale‘s brother was saved in the Tombstone Fire by Earp. We also believe that the ranch co-owned by Miss Figures and Mrs. Kale may have been offering assistance to Earp during the last few weeks." Judge Isby says, "Very well, those are valid concerns, the juror is excused." Kate carefully kept her expression neutral. She wasn't surprised to hear that accusation from Sheriff Behan since Leslie had been convinced Wyatt was at the ranch. Thankfully she hadn't objected to the search of the ranch.

Another name is drawn for the slot of the eleventh juror. Judge Isby reads "Sherry Winston". Elihu Upton objects as her husband is a member of the Promise City Vigilance Committee, which has voiced considerable objections to Earp's actions. Judge Isby states, "I will be sure to question her on those points, but her marriage alone is not enough to exclude her." The final name drawn for the jury pool is Adolphus Bricker, another of Von Zeppelin's workers. Neither attorney object. Judge Isby gives orders for the three out-of-town jurors to be located and brought to town and for the other jurors to also come at their earliest convenience.

Kate thought that It seemed a pool of people who would be able to deliberate fairly. Wishing the business about Earp and her ranch had never come up, Kate sat uncomfortably waiting for Mr. Watson's trial to start. She looked around the room, trying to see if Conrad and Edwin were there yet. Edwin booth is seated with Roosevelt in the back row. Conrad does not appear to be present. In short order Hannah Milford, Sherry Winston, Ruby Baines, Maxwell Brown, Justin Boyer and Estaban Fuente arrive. Judge Isby questions them and determines them all fit to serve. He asks Kevin Tomlinson to bring them over to the Arizona Territorial Office building, instructing them to feel free to read any of the books there in his bookcase but to not speak to each other.

Chester sees Kevin leaving with the jurors in tow. "Where are you taking them, Mr. Tomlinson?" Tomlinson answers, "Over to the Territorial Office, Deputy. We need a place for them to wait until the trial starts." Chester says, "Oh, OK." Kate thought that keeping silence between the jurors was a lot to ask. Hopefully the others would be found quickly and they could get on with things. She wondered if they would wait for all the jurors to arrive before Mr. Watson's trial. And wondered too where Conrad might be. Possibly he had just overslept being used to late nights.

Abel Weir and Al Brower are the next to arrive. Weir proves to be another acceptable juror. However, when Judge Isby asks Brower if he could serve and be impartial Brower replies "No sir, I could not." Judge Isby asks for him to elaborate. Al pauses and then says, "Judge, I recently had a love affair with a woman in this town. Wyatt Earp suspected she was involved with the death of his brother. He was incorrect with that assumption and was told so but refused to accept it. She had to flee Promise City for her own safety. If he hangs then she can return to here and to me. I therefore have incentive to find him guilty and cannot view him with impartiality."

There had been hints before about why Madge left town, but Kate couldn't remember hearing it all together before. At least Mr. Brower knew she hadn't left to get away from him. Judge Isby says, "Very well, you are dismissed Mr. Brower." Mr. Wier is brought over to the territorial office. Darla Peacock arrives. When questioned she tells the Judge that she has been awake all night at the poker tournament so is too tired to serve. Judge Isby says, "I have several other shorter trials to conduct before we begin the Earp trial. Please go see the Celtic/Mexican priest Thomas Valdez, he will provide you with a clerical elixir that will enable you to sleep for a single hour and feel like it has been eight hours." She agrees and departs.

Tomlinson returns and Judge Isby has him draw the name of the replacement juror for Mr. Brower. He draws a slip of paper which is handed to the Judge. Isby reads "Minerva Florencia". Kate thinks that if Sonoma was excused, surely Minerva will be. But then, Minerva had little contact with Earp and didn't live here when he was the Marshall. Tomlinson heads out to find the Priestess.

The courtroom is soon told that the Priestess is at neither her home or church and that a search party has been dispatched to find her. Judge Isby says, "Very well, it may be a while until the remaining four jurors are here. We might as well start the other trials. Marshal Berg, please have Mr. Hardin brought over here." Berg goes to the door and instructs Chester to get John Wesley Hardin. Kate sighed. Who knew waiting could be so exhausting? At least they were starting the other trials. She might get back to school before lunchtime yet. She wished she had sat next to Edwin Booth, at least she'd have someone to talk to.

Chester nods and walks down the street to the jail. He knocks on the door and Neil Cassidy calls out, "Who is it?" "Neil, it's me, Chester. We need Hardin for his trial. I can take him back." Cassidy unlocks the door. "Alright, Hardin, time to see Judge Isby." He shackles Hardin's hands before opening the cell door. "Here you go, Chet." "Thanks." To Hardin, Chester says, "Let's go, Mr. Hardin." They walk back to Promise City Town Hall.

Hardin is escorted in. Judge Isby states "Attorney Hardin. I am disappointed to see you before me today." Hardin replies, "I fail to see why I am here Judge Isby, I have checked the ordinances of this town and carrying a concealed firearm is not illegal." Judge Isby says, "Yes, but there is an ordinance about 'Disturbing the Peace'. Your having the gun caused a great disturbance at the Lucky Lady's Poker Tournament and Mr. Van Horne is pressing charges.”

The Judge pauses then states, “I will make this simple for you, you have clients of your own in Tombstone right now awaiting results of the appeal that you filed. There is a stagecoach leaving for Tombstone in another seventy-five minutes. I would suggest that you pay a $ 200 fine and then get yourself onto that stagecoach." Hardin nods and says, "And if I decline that offer?" Judge Isby says, "Then I would say you are one to look a gift horse in the mouth, any other sentence will not be nearly as lenient." Hardin says, "Then I accept your offer. The Marshal confiscated my wallet. There is sufficient funds in it to pay the fine." Isby says, "Marshal Berg, see to it, and bring over Mr. Smith."

Kate was surprised by the sheer number of cheaters who'd been discovered at the tournament. Not that she was surprised anyone would try, just how many did and got caught. Jefferson Soapy Smith is given the same option, a $ 200 fine and agreement to be on the next stagecoach out of town. Smith quickly agrees. Judge Isby then asks for Moria Enion to be brought in. Berg tells Chet "She's over at the Sherriff's jail. Kate softly mutters, “Moira Enion?” She was suddenly glad she'd warned Jake about the woman instead of keeping quiet. Obviously, she'd been caught.

Chester heads over there. He knocks on the door but there is no answer. He tries the doorknob and the door is unlocked. He opens it to find Deputy Sheriff Dave Nagle tied and gagged to a chair, his hands handcuffed behind his back, and the jail cell vacant. Chester draws his gun and looks around the room to make sure she isn't hiding. Once he's satisfied, Chester removes Nagle's gag. "What happened? Where's Enion?"

Nagle says, "I was putting her in the cell and she used some sorta magic on me, put me to sleep. I woke up around an hour ago fastened to that chair. We can check her house but I'm betting she ain't there no more." Chester exclaims, "Blast! Let me untie you, then you go to the house. I have to let the Marshall know first. She's had an hour head start so a few minutes won't make much of a difference." Nagle looks at the clock and says, "More than an hour, it was around four o’clock in the morning when I was putting her in the cell, that gives her almost four hours head start."

Chester exclaims, "Then she could be anywhere. OK, we better both go see the Marshall then. If she could knock you out before, she can do it again. It'll be harder with two people. Come on." Chester unties Nagle. "Did she take your gun?" Nagle sees the gun belt and holster over by the cell and says, "No, just moved it where it would be out of my reach from the chair. It looks like she didn't take anything." Chester states, "Thank the gods for that bit of luck, then. We better get a move on. They'll want to hear this pronto."

The lawmen return to the Town Hall and announce that Mrs. Enion has escaped from jail. Berg tells Nagle to go get Helen Barker and some of the soldiers in town to see if they can locate her. Kate pondered as to why Mrs. Enion would run? Certainly Judge Isby was tough, but surely she would only have been accessed a fine, unless she thought her past would count against her.

Judge Isby says, "She was the last of the tournament cheaters. Marshal Berg, please bring Mr. Watson over for his trial. Attorney Fisk will be acting as his legal counsel." Kate recalls that there had been more people dragged away from the tournament, but they had been Mr. Franklin's unwilling accomplices. She'd have to ask Mr. Tomlinson how he managed to get Isby to let them go. She sat up straighter, waiting for Mr. Watson.

 

[Silver Moon]

Chapter Two-hundred-thirty-six, “Watson’s Hatred”, Monday, June 19th, 8:30 A.M.

A mile or so west of town Minerva is alone in her daily meditation. She hears the sound of horses approaching She turns to see shopkeeper Judge Lacey riding on the back of a horse ridden by an unknown soldier. She re-clothes herself as they near, the soldier blushing with Lacey smiling at the humor of the situation. Lacey says, "We've been looking for you Priestess. Judge Isby needs you at the Town Hall, your name as been drawn as one of the Earp trial jurors."

Hearing that the Priestess of Olympus's name is pulled from the jury box, startles Minerva from her thoughts and bringing a bit of crimson to her cheeks. She sighs and quickly composes herself. Lacey says he can walk back to town and for the soldier to ride here there as soon as possible. They arrive while the Judge is still waiting for Moria Enion. She regally approaches the bench. "Your Honor, With all due respect, I do not think that it is appropriate for a priestess of the gods to be part of this panel. As a Priestess of the Church of Olympus I represent the will of the gods , and they do not always see eye to eye with the laws of men." She stands straight and true. "

I must answer to a higher power than this court, Your Honor. My allegiance must be to the gods even if it is in conflict with the interests of this court, and it very well may be." The Judge reluctantly agrees and has Tomlinson make a third attempt to draw the name of the final juror. He draws the name of "Mary Wong". Back in the front row Angelica Young rises to her feet and in an exasperated tone of voice says, "I will go tell her." Attorney Upton has concerns about this juror as she is an employee of Arcade's Gang, who were the ones who captured Wyatt Earp. Judge Isby says he will question her about that.

Mr. Warren Watson is soon brought into jail. His business partners Al Brower and Pierre Jacquet sit near him for moral support. Attorney Fisk sits at his side. Conrad Booth arrives and joins Kate and Edwin. Judge Isby calls Jeff Mills as the first witness. Jeff describes what took place on Friday night at the Lucky Lady. Upon cross examination all that Fisk asks about is the quantity of alcohol that Mr. Watson consumed.

Helen Barker is the next witness and she also describes what she saw, up to and including her missed shot. Upon cross-examination Fisk states, "When the play resumed after Mr. Rote's first intermission wasn't it announced that the bar was closed?" She says that it was. Fisk requests that Harry Rote take the stand. Fisk asks Rote about his serving of alcohol to Watson after the bar was officially closed for the next two acts of the play. Rote says that everybody else in the bar had had an opportunity to drink except Watson, as he played for the entire intermission, and that it is common for performers to drink between sets. Fisk asks Harry how many drinks he served to Watson and Rote replies, "I believe it was four."

Kate relaxed a little when Conrad arrived, feeling a little more sure of herself. She realizes that Fisk must have been arguing for extenuating circumstances, saying he was drunk and not responsible for his actions. Which wouldn't explain why he brought a gun into the saloon in the first place. Such an attitude wouldn't help his mayoral run much, considering that is Mr. Watson got off lightly many people in town would see it as his fault and not trust him to protect them.

Judge Isby calls Katherine Kale to the stand to describe what took place that night. Kate pulled in a deep breath and took the stand. As usual, her voice carried clearly without being loud. "After the second intermission of Friday night's performance I noticed Mr. Watson stumbling down the center aisle. I suspected he was drunk and hoped one of the staff would come take care of the disturbance and tried to focus on the play. A moment later Mr. Watson stumbled into Mr. Johnson's chair. He used the action of standing up to reach into his satchel and pull out a revolver. I was seated next to Mr. Edwin Booth. I pulled on his arm and told him to get down.

That was when Mr. Watson shot, striking Mr. Booth above the heart. The bullet passed all the way through and lodged in my upper right arm. Mr. Watson shouted, "Lincoln is avenged!" I tossed a chair in his direction but he shot again and hit Mr. Booth in the stomach. At that point I threw myself toward his feet to knock him down, and one of the priests present had already paralyzed him. I did what I could for Mr. Booth until Priestess Florencia gave him enough healing to stabilize him and we were both taken to Dr. Eaton's office.

Fisk says to Kate, "So, are you saying that it was your assault on Mr. Watson which caused Mrs. Barker's shot to strike an innocent bystander?" She replies, "I am saying I used the only resource I had to defend myself and my escort from a man bent on murdering him. My view was limited since I was on the floor and could not see Deputy Barker or any of the priests. As far as I knew Mr. Watson would be fully able to fire again if I did not act." Fisk says, "I see, and could your testimony be tainted by your past animosity towards my client?" She states, "Dislike does not equal animosity, Mr. Fisk. I have testified to the facts as I observed them." Kate is dismissed.

Kate left the stand a bit surprised that Mr. Fisk did not press further. She'd really had very little contact with Mr. Watson, so his suggestion of animosity suggested he knew more than most townsfolk. Witnesses who were in the Lucky Lady are called to the stand to testify, including Bif Johnson, Timothy Finnegan, Josephine Marcus, Emery Shaw and Sandra Wainwright. Fisk’s cross-examination is minimal except for his mayoral rival Shaw who he tries to harm the credibility of by implying that Shaw didn’t actually have a very good view of the events and is just fabricating a story based upon what others have testified to. Kate feels that His extra-grilling of Emery Shaw was as transparent as glass; hopefully as much to others as to her.

Edwin Booth is called to testify. Upon prompting from Judge Isby he relates his observations from Friday night up to and including Watson’s calling out “Lincoln is avenged.” The Judge thanks Booth for his testimony. Booth then asks “Judge Isby, when it is Mr. Watson’s turn to testify would it be possible for me to cross-examine him?” Fisk immediately objects, stating that Booth is not a lawyer.

Judge Isby asks, “Do you have any legal background sir?” Booth replies, “I have not had formal education in the law but have read the published works of Supreme Court Chief Justices John Marshall and Roger Brook Taney, who collectively served on the Court for over sixty years of this century. I have also reviewed the Arizona Territorial Charter and all Arizona Governor Edicts and Statutes from 1853 to 1881, as well as reviewing the fine points of legal theory with my friend Theodore Roosevelt who has gone to law school.”

Judge Isby replies, “Well then, it sounds like you have done your homework, and as the intended victim of Mr. Watson’s crime there is a certain sense of justice in your having the right to confront him. Your request is granted.” Edwin Booth returns to his seat. Kate looked at Edwin a bit oddly. What could he hope to accomplish? Unless he wanted a chance to state on the record that he had nothing to do with his brother's actions, but that didn't seem like him.

Additional witnesses who were in the Lucky Lady are called to the stand to testify, including Timothy Finnegan, Josephine Marcus, Emery Shaw and Sandra Wainwright. Fisk’s cross-examination is minimal except for his mayoral rival Shaw who he tries to harm the credibility of by implying that Shaw didn’t actually have a very good view of the events and is just fabricating a story based upon what others have testified to. Fisk is asked if he has any witnesses. He has first Pierre Jaquet and then Al Brower take the stand as character witnesses, each testifying that they have never seen Warren Watson be violent towards anybody and that he has been an excellent business partner.

Kate thinks, That may be true, but that is something to be considered for sentencing, not in determining his guilt. Of course, there was never much chance he would be acquitted. Fisk’s final witness is Warren Watson. The lawyer and his defendant go thorough what sounds like a well-rehearsed exchange with Watson stating how he had no premeditated plans to harm anybody. He states that Harry Rote had kept filling his glass at the bar beyond the point that a responsible bartender would have stopped.

He says that although drunk he was still enjoying himself at the piano until Stanley Barker rudely interrupted him and forced him to quit earlier than he would have liked to, which put him into a bad mood. He concludes by testifying that his pointing the gun towards Booth was a spur of the moment lapse in judgment, that his seeing Booth seated right before him prompted that action, which he would not have done if he wasn’t inebriated. He states that he is truly sorry, is prepared to pay whatever fine Judge Isby deems appropriate and that he would never do anything like that again. Fisk rests his case. Kate noted how Mr. Fisk had not tried to explain why Warren Watson had smuggled a gun into the Lucky Lady that night. Probably not even he could explain that away.

Kate looked toward Edwin, curious as to what he would ask. The Judge says to Booth, “You may address the witness Mr. Booth.” Edwin steps forward, standing near Watson, projecting an assertive and confident presence with the cloth arm sling helping to enhance his case. Booth says, “Mr. Watson, if you had not pre-planned the event then why did you have a loaded revolver concealed within your music bag?” Watson replies, “For self-defense only. There were a number of reputed gunslingers present in town including Ben Thompson, Billy Thompson and John Wesley Hardin. They have reputations for their quick tempters, I needed the gun to feel safe within that strange saloon.”

Booth says, “I see, then if you needed the gun to feel safe then why was it that between the two intermissions you left the satchel and gun by the piano instead of bringing it with you to the bar?”
Watson pauses and then says unconvincingly, “It would have looked suspicious for me to bring it?” Booth counters, “I fail to see why you would think that, a performer reviewing his next music selection in advance of playing would have actual been standard practice.” Before Watson can reply with something else Booth then says, “So, according to your testimony you decided to shoot me as a reflex action while you were exiting the front of the room?” Watson says, “That is correct.” Booth says firmly , “That is a lie.” Watson exclaims, “It is not!”

Booth continues, “The compartment where the gun was concealed had a lid, which the sheet music books and folders of music would have kept you from lifting. You would have needed to move the gun before putting the music inside, back when you were back at the piano.” A smile tugged at the corners of Kate's mouth. Apparently Conrad came by his eye for detail honestly. If that was something that could be learn, she ought to do it. Watson pauses then says, “I had to keep the gun handy at the piano, I…I didn’t like the looks of some of the people in the audience.”

Booth presses further, causing Watson to get angrier “Ah, well for once you are not lying to this court. You didn’t like the look of some people….like me for instance?” An infuriated Watson exclaims “Yes, your family are stinking murderers! You killed one loyal Illinois Republican in a theater, what was to keep you from killing another!” Booth yells, “So you hate me!” Watson yells back, “Yes!” “You what me dead?” Simultaneous to Watson’s response of “Yes” Fisk yells out “Objection your honor!” Judge Isby snaps “Quiet Attorney Fisk, you had your turn.”

Edwin continues his badgering saying, “And what about my brother Conrad?” Watson exclaims, “All of you Confederate murderers should be hung.” “Even Conrad? He never even met our brother John.” Watson exclaims, “Yeah, him too! He lied to me when I specifically asked him about his relation to John Wilkes Booth!” Kate swallowed hard and blinked to keep her eyes dry. She looked over at Conrad whose eyes were glued to his brother and Mr. Watson. His hatred was so deep; he had lived in it for so long it had consumed him. Thank heaven she had fought that hatred within herself, even against her husband's killer. She could have ended up where Warren Watson was now.

Edwin Booth steps back a bit from the stand. He states in a firm but now calmer voice, “Mr. Watson, My brother Conrad lived his whole life before Promise City in California, a state that was always loyal to the United States. During the Civil War he supported the Union and when President Lincoln died he cried that day. And when he spoke to you two years ago about his relationship to myself and my other brothers he was not aware of what our actual relationship was at that time. You see, my father Junius Booth sired Conrad but then died a few months later, before my brother was even born. Father never told the rest of his family back east about his California family. The actual proof of Conrad’s true relationship only came to light this very month, which prompted my visit out here.”

He steps back and then continues, “Your hatred of my brother is therefore irrational, he was not a Confederate, he never met my brother John, and he never knowingly lied to you.” Kate finally had to get out her handkerchief and wipe her eyes. Conrad's eyes were still locked up front, but Kate looked around the crowd to see what the reaction was. With all the newspaper reporters here for Wyatt Earp's trial this story would travel fast.

Booth projects his voice louder, filling the room with his oratory and saying, “Furthermore, your grievances towards myself are equally irrational. I had no advanced knowledge of my brother John’s actions against President Lincoln. I was not a participant in that plot. You are not the first Northerner to project your anger upon me unjustifiably. Similarly, many Southerners just as inappropriately try to unjustifiably praise me for my brother’s actions, which is what prompted me to make New York City my home instead of anywhere in the previous Confederate States of America. I desire neither condemnation or praise for actions THAT I HAD NOTHING TO DO WITH!”

It is no longer 1865! Reconstruction is over! After you shot me last week I received quite a few telegrams from well-wishers hoping for my speedy recovery!” He pulls out a paper from his vest pocket and thrusts it into Watson’s hands. “Read that telegram Mr. Watson, it is from Abraham Lincoln’s son Robert! He and I are personal friends, as we have been since 1864, back when his father was still alive.” You have harbored such deep-rooted hatreds some seventeen years, for you it has become an obsession. You attempted to murder me! You did that just as you attempted to harm my brother’s livelihood during the past two years with your lies about his integrity!

Is there anybody in this community who ever accused him of dishonesty at a gambling table other than you? Even your own attorney chooses to gamble with Conrad on a regular basis, would he do that if there was any truth at all behind your lies? You alone besmirched his reputation with those lies, just as we all heard you lie to this court here today. You did that because of your deep-rooted hatred for anybody named Booth!” Judge Isby was being unusually indulgent in letting Mr. Booth speak on. The point had been made. Watson's prejudices were deep-seated and ignorant. Still, now everyone knew where those rumors had come from.

Edwin Booth says, “I pity you Warren Watson, life should be more than hatred. Your friend Abraham Lincoln knew that, I encourage you to truly read his writings from your prison cell.“
Booth looks towards the Judge and says, “Judge, this man is a danger to society. For the safety of my myself, my brother and anybody else this man chooses to develop a hatred for I ask that this man receive a fair and just punishment for his actions. Thank you.” He returns to his seat. Roosevelt pats him on the shoulder and says, "Good job!" Kate sees a tear running down Conrad's cheek.

She sucked in a long breath. It was nearly impossible to stay in her seat. She wanted to run across the room. Never before had she seen Conrad shed a tear, but now she knew she had been right. Fisk stands to make his closing argument, but compared to Edwin Booth's speech it is a half-hearted attempt at best. He again spins the yarn about too much to drink and attempts to blame Harry Rote for providing the drinks. He concludes by asking for the mercy of the court. Kate reflected that Mercy was the only thing Watson could hope for now. Fisk's argument seemed even more flimsy now. Kate fidgeted in her seat, waiting for the verdict.

Judge Isby says, "Mr. Watson, I find you guilty of attempted murder. Furthermore, your rationale for what you did defies logic. I will give you an opportunity to rethink your actions and perhaps restore your very soul in the process. For seventeen years you have lived in a prison of your own making. For the next seventeen years you can live in the prison of the Arizona Territory. I will give you no option of paying a fine, as I find time is the best thing for you. Furthermore, I will specify for the Wardens to be certain to incarcerate you away from any others who might harbor hatred towards former members of the Confederacy. You will have nobody to share your hatreds with, and I truly hope that you will find your own redemption."

Kate squeezed her eyes shut. Seventeen years. A long time to be locked up for hating someone. Maybe he would be lucky and learn, maybe he would emerge even more hateful than before. Even relieved, she felt regret for the life gone wrong. Next would come Fisk's declaration of appeal, and hopefully after that would come a break. Predictably, Fisk states that he will appeal.

 

[Silver Moon]

Chapter Two-hundred-thirty-seven, “Janet Fly Departs“ , Monday, June 19th, 9:00 A.M.

The two men from the Von Zeppelin ballooning factory, Meuller and Bricker, have arrived as has Mary Wong. The two men are questioned and found to be acceptable jurors. Mary Wong is asked questions by the Judge and when questioned she indicates her strong loyalty to Arcade's Gang and to Mrs. Young. Attorney Upton calls for her to be excused. The Judge reluctantly agrees.

He turns to Kevin Tomlinson and says "Shall we try a forth time?" Tomlinson draws another slip of paper and hands it to the Judge who reads "Jeff Mills". John Behan finds Mills unacceptable as Mills had a personal grudge against Deputy Sheriff Colin Hunter due to Mills past association with Hunter's Uncle. As Hunter is one of the men Earp is accused of killing he is therefore potentially biased. Judge Isby sighs and says, "Agreed, Let's try again Kevin." Tomlinson draws another name. The Judge reads "Henry Weller". Both attorneys find the town's blacksmith acceptable.

“Finally“ Kate mutters. Although it shouldn't have been surprising that is was hard to find an unbiased jury in Promise City. The Earps had touched the town too deeply for too long, and too many members of the Cowboy gang had been here for many people not to have some kind of connection. As the blacksmith shop is just diagonally across the street it takes no time to get Weller. He satisfies the Judge after a few questions and is taken off to the Territorial Office building to join the other ten jurors. They are still waiting for Temple Morand to make it in from the Rocking-H Ranch, ten miles southwest of town, so the Judge calls for a half-hour recess.

Kate was out of her seat almost instantaneously when Judge Isby called the break. She dodged her way through the crowd to where Conrad and his brother were sitting and said "Thank you," to Edwin even as she unabashedly reached for Conrad's hand. Edwin says, "There is no need to thank me Kate, I just said what needed to be said." She says, "No, it was more important than you know."

She sat down in the newly empty seat next to Conrad. "Are you alright, my dear?" "Yes, never better," is his brief reply. She tried to catch his eye. "I don't think you're quite here with us. I have to go back to the school, can I... is there anything you need of me?" Her fingers rubbed along the back of his hand, the only betrayal of everything swirling around inside. "I will walk with you," he states.

Once outside Conrad says, "That was one of the nicest things anybody has ever done for me. I....I don't know how to repay him." She says, "I don't think he wants anything of you than to be a brother. He's the only one would could have exposed Watson's lies for what they were, no one else would have been believed. So much is changed for you all the sudden, my dear. I'm so thrilled for you, you deserve so much more than Promise City has given you."

He replies, "Promise City has given me you, what more could I ever ask for?" "A great deal more," she said, although obviously pleased by the comment. "It could give you a fair chance to prove your character, rather than letting the town decide on the basis of a cruel lie. And a family, but it seems you've found that. With all those reporters there it won't be long before most of the nation knows what family you belong to." "I heard a rumor last night that your brother had come here to convince you to move back east with him," Kate added, teasing.

He smiles and says, "It would take somebody far prettier than him to have to convince me to do that. Besides, you know that I never listen to rumors." Kate laughed, probably more heartily than Conrad had heard from her before. "Oh, you listen. But you know better than to believe everything you hear. It's amazing, I never dreamed I was such a topic of conversation in this town, it's going to inflate my ego something terrible." Conrad tells Kate, "You think that you're a topic of conversation now, just wait another few months, the town will be buzzing with wild speculation."

She answers, "I'm not so sure. Diana started the word with Beth Eaton. I'd lay down money that either someone will tell the truth of things defending me, or Mrs. Eaton's change of heart toward me even in such a scandalous condition will be a more popular topic." She rubbed his arm and finished, "It doesn't matter anyway. I have my family here; including you. Everyone who matters knows the truth. For now, you'll be the big topic. Unless Wyatt Earp's trial actually finishes today." She says, "Sounds like a recipe for a long struggle, since they'll have to be unanimous. It can't be good for the town for this to drag on and on." Conrad replies, "Indeed. Of the twelve, I anticipate five who will see him as guilty, four who will see him as innocent, and another three who will just go along with the majority."
She sighed. "Who do you think will just go along?"

Conrad says, "Justin Boyer, Abel Weir and Maxwell Brown, but each for different reasons. Boyer will go along to get the trail over with and get back to his job, Weir will go along because he avoids conflict and Brown will go along because he wants everybody to be his friend." She states, "That's the risk when you have to choose people randomly, but what better way is there? I'll just be glad when this is all over and there are no more Earps in my life. Nate Caudell will be coming to the school today to talk to the children about the elections. I'm going to focus on those. And you. We should celebrate tonight."

Conrad says, "Well tonight may be my brother's final night in Promise City so we should probably do something with him." She says, "Has he healed enough to travel? Considering his oratory today I'd say the answer is yes, but Doctor Eaton had intimated that he may need to stay here for a little while he healed up." He says, "He doesn't strike me as the type of person who always does what he is told." She replies, "Indeed not. I had to stop him from applauding so hard at the play when we saw it finished, he could have done some serious damage. You'll miss him, won't you? Maybe you should consider a trip to New York to visit. Surely you could survive without me for a week or two."

He says, "Or we could both go, although we may want to wait until Deadeye Douglas decides to leave that state." "What would Deadeye Douglas care about me? He's left witnesses alive all over, his specialty is in avoiding getting to trial in the first place. I could go with you, depending on when you went. Don't forget we had planned to go to San Francisco, and I can only be away for so long... And I may need to make another trip, as a favor to someone, to act as a chaperone." Conrad asks, "Really? And where would that trip be to?"

She says, "Oxford University, in London. I would not really consider it but I can also improve my own education while there and perhaps get some things for the school I wouldn't otherwise have access to. But that trip is really, quite unlikely." He says, "From what I hear summer is the best time to make a trip to London, why wouldn't you consider it? Your teacher would be able to substantially cut down on the travel time."

She says, "Even so, as a chaperone I'd have to stay there for a month or more, and I already leave Sonoma and Flint most of the work on the ranch. Never mind how often I leave Mrs. Caudell and Mrs. O'Hara in charge of the school while I'm off doing something else. Sometimes I can't believe how busy I get. I would like to go overseas though," she said wistfully. "I have never been." Conrad says, "Don't rule it out, we might be able to work something out with your business partners to free you up."

"We? Are you offering to shovel manure and give botany lessons to twelve-year-olds?" she asked with a laugh. Conrad answers, "Well Katherine, it would be rather difficult to do that wearing a three-piece suit, and to change into anything else would tarnish my image. And if you are traveling by conventional means I would want to accompany you as far as New York City and maybe then spend a short while with my brother there. You would just then have to let us know when you would be returning to the United States, I am certain that Mr. Gonzales and I could arrange to meet your ship as it arrives."

She says, "That sounds like a reasonable idea, and it gets you to the city to see your brother. And your niece. Someday I will see you wear something else," she declared with a twinkle in her eye. "Or nothing else." He states, "Don't tempt me young lady, at least not at a time when you have a classroom filled with children waiting for you." She smile and replies, "I'm rather enjoying tempting you." They had been extending the walk by going slowly, but they were almost at the school now. "I don't know what's gotten into me today, except just being happy for you. Whatever else happens, it's a good day. Janet Fly is leaving today, so it will just be Ginnie and I in the house again."

Speaking of Mrs. Fly, Kate and Conrad now see her and Coolie Fagan exiting out the kitchen door, him carrying her bags as she sets off for the 9:00 AM stagecoach. Kate says, "I should go see her off, and you should get back to your brother. Shall I meet you for dinner at the El Parador tonight?" He answers, "Yes, I can't think of a better place to bring Edwin to for a good time, I'll let Dorita know it will probably be his last night in town, she can arrange a proper send off like she did for your family." Kate replies, "There's nothing Dorita likes better than a party, and I haven't spent nearly as much time at home lately as I'd like, so the El Parador it is. I'll see you then, my dear. I love you."

She squeezed his hand quickly, then hurried off after Janet Fly and Coolie Fagan, catching up without much trouble. "I'm so glad I got back before you were gone," she said a little breathlessly. "I hated to think of you leaving without having the chance to say goodbye." Janet answers, "Thank you Kate, Collie already brought over the wheel and larger trunk. I have already said goodbye to Ginnie, she is such a good girl." Janet reaches over and gives Kate a warm embraces. "Thank you so much for everything, these last few days to just think and relax were exactly what I needed. Roger and I are both now ready to start anew."

"I was glad to do it. I'm going to miss you and Roger very much, Janet. I hope you'll write now and then and let me know how you're getting on." Kate let go and stepped back. "Have a safe journey, and enjoy the big city." Janet replies, "I shall, and I will look up your friend Mrs. Whipple while I am there." She boards the stagecoach. Mr. Hardin and Mr. Smith are already both on board, as are former Governor Safford and his wife plus a few people who Kate does not know.

Kate smiled. Even a week ago Janet would not have considered speaking to Maggie. "Give her my love. Good-bye, Janet." She nodded at the others in the stage that she had met and stepped back as it lurched forward and got underway. Janet would be alright, and hopefully she would learn that playing piano in a saloon now and then wasn't such a terrible sin.

Except for Sheriff Behan stating in public his suspicion of their ranch having assisted Wyatt Earp, it had been a good morning. It would be naive to think all the aspersions cast against Conrad would disappear now, but they would hold much less water. Along with his participation in the play the facts that came out in court should make life a lot friendlier for him in Promise City. Kate headed back for her school with a light heart and a bright smile.

As usual when she had to come in during classes, Kate entered the house through the kitchen door. She took a few minutes for a snack of bread, cheese, and fruit and shed her jacket before slipping into the schoolroom. Banker Stevens daughters were sitting in a quiet corner working on the entrance exams that Ginnie had designed. The rest of the students were split into two groups. Little Gina Nevers slipped away from the group where Meghan was instructing the younger students and ran up to Kate saying, "Mama said you got hurt."

Kate bent down so she wasn't so far above the little girl. "Only a little, and the doctor made it better. In a few more days I won't even remember my arm ever hurt at all. Go on back to your lesson now, Gina." The little girl firmly planted a kiss on her cheek before she ran back to her seat. Kate smiled and stood back up. She went over to the Stevens girls. They were not really much older than Gina and most of the exam would be beyond them. She kept herself busy with them, not sure when Mr. Caudell was coming.

Back at the Town Hall, Temple Morand has arrived in town. He answers Judge Isby’s questions and neither attorney objects to him sitting on the Jury. The Judge instructs Kevin Tomlinson to escort Mr. Morand over to the Territorial Office Building and wait for fifteen minutes until after the defendant has been brought in before returning with the Jury. Marshal Berg heads off to get the defendant. There are no more prisoners to guard but Berg still locks the door to the Marshal’s Office and Jail and leaves a pair of soldiers in town to guard the building.

When Berg brings Wyatt to the trial Chester walks with them. He meets his eyes for a moment. Chester asks, "Was it worth it? All that vengeance?" Wyatt replies, "Ask me after this is over. I'm still hoping for an acquittal, but that will depend to a large extent upon the testimony of the chief defense witness." Chester replies, "I will ask you then Marshall. You and your clan have caused me and my friends a lot of grief. But I've seen the road you're on and I don't want to follow it. Good luck."

As they reach the door he says, "Thank you Deputy. And in case you haven't figured it out yet, the chief defense witness who I am counting on is you. All I ask is that you tell the truth." Chester gets a surprised look on his face. "I am?" After a moment, he continues, "Don't worry. I'll tell the truth as I saw it."

They reach the Town Hall and Earp is escorted to the front of the room. Only after he is seated does Berg unlock and remove the handcuffs. Seated alongside Wyatt Earp are Attorney Elihu Upton, San Francisco Attorney Hiram Brock and Wyatt’s brother Virgil Earp. Judge Isby announces that the trail will start is ten minutes and that he will allow photographers to take pictures for the next five minutes. A dozen photographers set up and take various photographs of the courtroom as the prosecuter, defendant and judge.

The Judge asks the attorneys and the County Sheriff to stand. He says, “Gentlemen, I want this to be a trial, not a circus. I expect proper decorum from a courtroom. I also advise all parties to not attempt to prejudice the jury by referencing the defendant by either the title of Marshall Earp or Former Marshall, you are to refer to him as Mister Earp or Wyatt Earp. You may reference his previous employment in Promise City as Town Marshall in your presentation but that must be kept in proper context as a job that ceased several months ago.” Kevin Tomlinson soon returns with the twelve jurors from the Territorial Office building. They are seated in two rows of six chairs on the right side of the stage. The court is brought to order.

 

[Silver Moon]

Chapter Two-hundred-thirty-eight, “Wyatt Earp’s Trial Begins” , Monday, June 19th, 9:30 A.M.

The bailiff Kevin Tomlinson reads the charges stating, “Wyatt Earp is charged with ten courts of pre-meditated murder. He is said to have committed these in and around Promise City over a sixteen-day period . He is charged with the deaths of Claude Buckley on May 31st, Gordy Bryson and Dennis Garvin on June 1st, Colin Hunter, Jasper Ordway and Nicholas Thayer on June 7th, and finally Porter Norris, Vaughn Palmer, Charlie Villers and Stephen Wicks on June 15th.”

Judge Isby looks towards Earp and says, “How does the defendant plead?” Attorney Upton stands and says, “Not Guilty Sir.” The Judge calls upon both attorney’s for their opening remarks. The young priestess Minerva sits unobtrusively in the back of the room. She sits perfectly still, her hands folded in her lap as her eyes scan the room in an attempt to read the reactions evoked by the sheriffs opening remarks.

Cochise County Sheriff John Behan goes first, stating “Seated before you is a man who many of you may think is still your respected former Town Marshal, a role he occupied many months ago, but you are mistaken. That man died three months ago, the person before you is a corrupted shell of his former self, a person trapped in madness. The death of Wyatt Earp’s brother Morgan Earp in March partially unhinged the man, leading to a rampage with several like-minded vigilantes. One of them was his youngest brother, and the death of brother Warren in late May pushed this man over the edge.

In his crazed and homicidal state Earp needed to fulfill his obsession for revenge, planning out three separate killing sprees a week apart and he was caught at the final one. His victims being people either superficially connected to his perceived enemies or total innocents who just happened to be in the wrong place at the wrong time. Before this trial is over you will see that in all ten cases Earp planned and executed these murders. This man once stood for the law. When he turned in the badge that you had entrusted him with he abandoned all that he once stood for. You twelve people have been given a great responsibility. You need to put aside any prior feelings or opinions that you have had to this man and listen to the evidence, the facts, which I will present to you. Thank you.”

After Behan sits down Upton stand and approaches the jury for his opening remarks. “You have heard the charges, ten counts of pre-mediated murder. And during the next few hours you will hear Sheriff Behan detail why he feels that those charges are valid. But what you will not hear from him are actual facts, instead you will hear a lot of circumstantial evidence, innuendo and speculation from a man who for years has held a personal grudge against my client.

We know that he will not be telling the truth, because the truit is that Mr. Earp was in no way responsible or even present at the deaths of Claude Buckley, Colin Hunter, Nicholas Thayer and Stephen Wicks. He while he was present at Vaughn Palmer death, but that wizard died by his own hands though an accident resulting from his own misuse of wizard magics.

Mr. Earp admits to being responsible for Jasper Ordway’s death but that was in no way pre-mediated murder but instead an act of self-defense. Mr. Earp also admits to causing the other four deaths that he is accused of but the evidence will show that in each and every one of those cases they were justifiable homicides where another responsible citizen under the same circumstances would have done the same thing. I ask that you keep an open mind when you listen to what John Behan has to say this morning. And after Behan is finished telling you his creative fiction you will then hear the actual facts, first from myself and then from Mr. Earp himself. Thank you.”

For the next three hours at the trail John Behan calls a number of witnesses to the stand, including several past associates from Tombstone who testify to Earp’s temper as well as what they heard about Earp’s rampage during the two months following Warren’s death.

Deputy Sheriff Buckskin Frank Leslie provides damning testimony from his own investigations of each of the ten killings. Under cross-examination Upton gets Leslie to speak of his own relationship with his boss, Sheriff Behan. Upton then draws the Jury’s attention to the fact that Leslie’s future employment might be contingent upon the testimony given this morning which could lead to biased testimony, whether intentional or unconscious.

Attorney Hamilton Fisk takes the stand and describes how following the discovery of Buckley’s body near his home Marshal Berg and Deputy Marshal Martin visited him for questioning. Fisk states that they disregarded any suggestion that Earp was involved and appeared to be seeking somebody else to blame the murders on. He also states how Porter Norris and Charlie Villars were good men who feared for their lives of Earp’s misguided revenge concluding “And with good reason too, given that he stalked and hunted them, waiting in the same rocks where he murdered Buckley for them to exit the Liberty Party Headquarters and shooting them down in cold blood when they did so.”

Behan’s final witness is rancher Ken Wagner, who had worked for both the Thayer Ranch and Buckley’s Crazy-8 Ranch. He testifies to having found the bodies of Ordway, Hunter and Thayer and then returning with the lawmen. He says that at that time when the lawmen spoke among themselves they believed Earp responsible. They then conspired to hide that evidence to protect Earp, attempting to then pin the deaths on Wagner instead, but the charges would not hold up and Wagner was released.

Wagner then testifies that Judge Isby himself tried to get him to leave town, forcing the sale of Wagner’s property, in order to prevent him from testifying. John Behan calls for a mistrial. And demands that a new trial be ordered to take place at the county seat of Tombstone.

Judge Isby denies the motion stating, “Mr. Wagner is incorrect in his assumptions. He did become a one-third owner of the Crazy-8 Ranch following Mr. Thayer’s death but the sale of that ranch was unrelated to this trial. I ordered that ranch sold because his other two co-owners, who collectively owned a majority of that ranch, were members of Ashely King’s Hooded Riders. Assets of those men were sold to make restitution to the victims of that attack so that was what requiring the sale of that ranch. It had nothing to do with Mr. Wagner and he received one-third of the proceeds from the sale of that ranch. He is free to do whatever he wishes with that money, including purchasing new property here in Promise City, so he was never forced to leave for any reason.”

Behan makes a preliminary closing argument to finish, linking together the testimony given and point out in every instance how and why he feels that Earp was responsible. Judge Isby looks at the clock and says, “It is now 12:45 P.M. I will call for a forty-five minute recess. I ask that everybody remain seated until Mr. Tomlinson and I escort the jury out of the room. We will dine in silence at the Territorial Office Building and then return here. The trial will resume promptly at 1:30 PM with Attorney Upton’s first witness.”

Over at the school lunchtime eventually came and the children ran outdoors to enjoy their lunches in the sunshine and play hard as soon as they'd eaten. As usual they kept the door open so they could keep an eye on them. Since Mrs. Milford had been chosen for the jury Kate went into the kitchen and brought out something for the teachers to eat. She told Mollie and Meghan about the jury selection and the quick trials for the cheaters from the tournament. Then she went on to Warren Watson's trial. Her own testimony, how Fisk had tried to make Emery Shaw look bad on the stand, and then Edwin Booth's cross-examination of Watson.

"That man's hatred is something terrible," she said. "As much as I dislike him I feel sorry for him, that he became so corrupted by it. But the best part is that Edwin Booth made it publicly known who Conrad is, and how those rumors about him got started. It may not make much difference here, but I could see how happy it made him." The teachers' improvised lunch is then interrupted by the arrival of Dorita Figures and her grandfather Manuel. Dorita has brought food for the teachers, having also anticipated Mrs. Milford's absence. Manuel has with him the painting of Niles Hoover.

Kate exclaims, "Oh Dorita, thank you. This is much better than what I had in the kitchen." Kate took the opportunity to hug her second mother before she started setting out the lunch. Dorita returns the hug and says, "Eat up, you teachers all too skinny" Kate states, "Dorita! I can't even pull my corset tight anymore. Look at this, I'm absolutely chubby," she laughed and touched her face where she had noticed definite roundness just the other day. "It's alright, the ladies know why."

Kate turns to Gonzales and says, “Grandpere, thank you for bringing this," she said, repeating the embrace and adding a kiss on the cheek. "It was so thoughtful." He replies, "Less thoughtful than you might think, I needed to remove it from the Lucky Lady Dance Hall and Saloon. It appears that the Mr. Hoover here was Mrs. Enion's accomplice in her scheme to win the tournament through cheating." Kate sighed. "I'm sorry to hear that. I heard Mrs. Enion talking to Mr. Maverick Friday night and she said she'd straightened herself out. I hoped it was true, she seemed like a nice woman. But I still warned Jake about it."

Gonzales replies softly so that the others don't hear, "Warning him probably wouldn't have helped, who would have suspected her husband to have used magical paint to create it! I was so focused on looking at the players and spectators for magical use I hadn't continually checked the walls of the room. Of course, special words were needed to activate the painting's powers, so when it wasn't active it just appeared to be a normal painting and she appeared to have only used it a few select times.." Kate says, "It was discovered, Grandpere. There's no reason to worry over it now. Is it safe to have the painting in the schoolroom?"

He replies, "I imagine so. I don't want to strip the magic from it right away in case they catch her and her husband, they might need it as evidence. I wouldn't worry too much about her spying on your classroom, no profit in that. And for that matter, you might want to be let in on the painting's secret yourself. Students often joke about the teacher having eyes in the back of her head by seeing things even when the back is turned to the class, in this case you could make that a reality." "I'm not sure I really want to know," she laughed quietly. "But I might as well learn. Our students are fairly well-behaved but there's more of them than us, we can use every advantage we can get. Did Conrad come in and talk to Dorita this morning about his brother's last night in town?"

Gonzales replies, "Oh yes, she is planning for quite the celebration. She was planning a party anyway as a final campaign rally for our good Mr. Fuente but his gives double cause for celebration." Kate says, "Good! Grandpere, I'm so happy for Conrad. Mr. Booth, the elder that is, was stunning this morning when he was allowed to question Warren Watson. He got him to admit his hatred for anyone named Booth, and to admit he thought Conrad lied to him about his relationship with them. Which Edwin then completely disproved. It may not clear up all the rumors of cheating around him, they've been established for so long, but it will help. And at least he knows his brother loves him and believes in him."

Gonzales says, "Yes indeed. I imagine that Chumbley will have written that up for today's paper." Looking out the window he says "And speaking of which, I think I see the paperboy right now." Kate looks and indeed Josiah Young, the typesetter for the Promise City Mirror, is making the rounds with the day’s newspaper heading up Fremont Street. Kate says, "I didn't think we'd get a paper until this evening, when he could get everything at once. I'll be right back." Kate went outside and offered Josiah Young three nickels to get several copies of the paper. "I see your wife is up and about again. I'd wanted to stop by and offer my congratulations, but I thought she'd still be recovering."

Josiah replies, "Oh yes, she was chomping at the bit to get back to work. She wouldn't have minded staying home with the baby if she had been born a week later, but with all this news going on Angela was getting quite restless. Morgana was insistent that she stay home though, which is good because my wife wouldn't have listened to myself or Chumbley. Morgana said she could cover the Earp trail, in part because our publisher considers Angela to be the best reporter and in part because Chumbley has a pro-Earp bias that Morgana would prefer to keep out of the story. Angela about had a fit when it looked like Mary would be on the Jury and she would have had to watch the children instead. Thankfully Mary was excused." He sells her the papers while he is talking.

"Yes, Mr. Chumbley seemed very friendly with the Earps," Kate said soberly. "Lucky for your wife that clears the way for her to get back to her job. I've missed seeing her. I hope you won't mind if I do stop by in the next few days for a peek at that baby." Josiah answers, "Please do, after all she was named after your brother and your...friend." He pockets the money and throws the newspaper satchel over his shoulders saying, "Well, I must be off. We'll be putting out another paper late tonight so things will be rather busy for me until then." She replies, "I imagine so. Good day to you, Mr. Young."

Kate hurried back to the school and gave one paper to Mollie and Meghan and one to Mr. Gonzales. "Let us see what it says," Kate said, spreading the paper out on the desk. The top story reads “Earp to Waive Fifth Amendment Rights at Trial”. The story apparently went to print mid-morning and includes the full opening remarks from both attorney’s including Elihu Upton’s claim that Earp will testify in his own defense. Kate says, "I wonder how late today the trial will go. Although I suppose I ought to stay away from that, no good would come of me being there," she said and looked at Mr. Gonzales. "It's an interesting strategy. I wonder how either of them plans to prove anything. Earp seemed to trying to keep his movements secret. Who knows what really happened?"

Kate sees that the next front page story reads “Earp Jury Selected” and describes the lengthy jury selection process and the reasons why several jurors were excused. Kate is troubled to see it put into print Behan’s speculation of her and Sonoma helping out Earp. Another thing that jumps out at Kate is are the two sentences following Al Brower’s explanation of his love who fled town in fear of Wyatt Earp. These sentences read: “There had been considerable speculation about the reason for Miss. Ruby West’s abrupt departure from Promise City three weeks ago but this explanation was the first confirmation as to why she left. Brower’s secret romance with West comes as no great surprise given how often he frequented the Lucky Lady Dance Hall and Saloon instead of his own Comique.”

She groaned. "You know, I've always respected Mr. Chumbley, but I'm losing it bit by bit. Mr. Brower never said it was Ruby. At least the accusation against the ranch is possibly newsworthy. I'm going to have to go over to the newspaper office and get that retracted. Ruby didn't run away, and she's sent letters back since. Someone hiding does not send letters home." Gonzales laughs and says, "Relax Katherine, Chumbley has always been infatuated with Ruby and surely misses her so naturally he would have assumed that was who Al was mentioning. I doubt that little guy even noticed that Madge isn't here either. As for the letters, unless one was addressed to Chumbley he probably isn't aware of that either."

Kate says, "I know he has, and he has no evidence that it isn't her. But he also has no evidence it is and he should be responsible enough to find some before he prints it. And it makes it look as if she had two boyfriends at once. I know she doesn't care much what anyone else thinks, but she doesn't like lies being told about her." She shook her head and smiled. "At least since she's been gone for a while few people are likely to care. I'll still go over and straighten him out." Gonzales says, "Indeed, and when you do he will probably check with Al Brower and then print a retraction.

Kate now checks the remaining front page story, along the bottom below the fold. It reads “Final Four in Lucky Lady Tournament – Saloons become Prizes!”. It describes that the four remaining gamblers are Evan Adair, ‘Silver’ Jake Cook, Brady Hawkes and Brett Maverick. The tournament will resume one hour after the Earp trial adjourns for the day as two Lucky Lady employees, Darla Peacock and Hannah Milford, are serving on the Earp Jury.

The story then describes that Adair of the Palace and Cook of the Lucky Lady have each bet the deeds to their respective saloons to the other and that whoever remains in the tournament the longest becomes the owner of both. The story also mentions that Lucky Lady co-owner Job Kane has sold his ownership of the Lucky Lady to Evan Adair and that Kane’s deed is now part of the bet. Kane’s sale to Adair was conducted in private on Saturday, June 10th, but did not become finalized until Adair transferred the money to him a week later. It states that Kane could not be reached for comment as he is currently recovering under Doctor James Eaton’s care from injuries sustained in a pre-dawn altercation at the poker tournament which left one spectator dead.

"Job would never sell his share to Adair," Kate said, baffled. "There must be more to this than is here, his injuries must be connected somehow. Adair must have faked this..." She looked at her teacher. "Poor Job. I wonder if Doctor Eaton will let me see him after school, although now he has his Bernice here to care for him. If Adair gets away with this I'll never be able to go to the Lady again. I will not set foot in a place he owns even a part of."

Gonzales says, "This is all news to me, I left after I helped to catch Mrs. Enion. Katherine, this is important. Why don't you go see about it now, given Eaton's present attitude towards you I am certain he will let you in. I can help out here until you get back, I have many interesting pieces of history that I can impart to your students." "Thank you, Grandpere," she said. "I'd far rather go now, but I didn't want to abandon my responsibility here. I suppose they didn't manage to get Mr. Watson's trial in before they had to go to print. I'll be back as soon as I can." Kate kissed his cheek again and added, "I'll see you at the El Parador tonight." She hurried out the door and past the yard where the children were still shouting and playing. It only took a few minutes to get to Doctor Eaton's office and knock on the door.

 

[Silver Moon]

Chapter Two-hundred-thirty-nine, “Chester’s Testimony” , Monday, June 19th, 12:45 P.M.

When Judge Isby and the jury come out of the building, Chester asks, "Everything OK, Judge?" Isby replies, "Yes, everything's just fine, Deputy. We're just taking a lunch break. The jury and I are dining at the Territorial Office to avoid jury contamination. The Marshall will be out soon, then you can probably take a break also. We'll reconvene at 1:30 PM." Chester looks at his pocket watch. "Sounds good to me. I'll see you in an hour."

Meanwhile, Kate is at Doctor Eaton's office and knocks on the door. James Eaton answers the door. "Oh, hello Mrs. Kale. I would have thought that you would have been over at Mr. Earp's trial right now. Did they break for lunch?" She says, "Good afternoon, Doctor. I only stayed long enough to testify at Mr. Watson's trial. There is no need for me to be at Wyatt Earp's trial and I had classes to teach," she said mildly. "I just found out about Mr. Kane's injuries. I wondered if I could see him?"

The Doctor says, “Yes, he is feeling better. Millissa Smith just brought him over some soup which he has managed to hold down. That isn't always the case with wounds to the digestive system." He lets her in and she sees Job lying on the cot. He is wearing his pants and socks but has no shirt on, with several bandages wrapped around his chest. "Hello Kate, that you for coming to visit," he states. She replies, "I'd have come sooner but I didn't know anything about it until I read it in the paper," as she said and pulled a chair over to the side of the cot.

She sighed and smiled at him sadly. "I think life has been a little to exciting for you over this weekend." Something suddenly occurred to Kate as she sat there. Mr. Tomlinson had not yet removed the vampire's influence from Job. He really may have sold his share of the Lady, but not under his own impetus. Job replies, "Yes indeed. Getting kidnapped in the middle of the night from my home by a man wearing my own face was not exactly what I would have expected."
Kate says, "Is that what happened? That's not quite what the paper said, but I'm not surprised."

Kate checked to make sure they were alone before going into any magically suspicious territory. "It just said you were hurt during an altercation at the tournament, and that a spectator was killed.
It said something else, too. But there were enough mistakes in today's paper that I don't really believe it." Kane says, "Jon Harker came by a while ago and filled me in. That story was for public consumption, thankfully the reporters were all off sleeping at the time. The spectator was actually a dealer, the one pretending to be me. Jake recognized him for a fake and Father Valdez then stripped the disguise. Once his cover was blown he resorted to violence and tried to kill Deputy Rodriguez until Michael George shot him.”

She nodded. "Jake has a good eye for people, especially friends. I wish they could have freed you without... Well, without you getting hurt.” Job says, "They tried, when my rescuers busted in one of the men stabbed me in the chest. He was still holding the knife and probably would have finished me off if it wasn't for Deputy Rodriguez getting him first. Valdez then kept me from bleeding to death and Eaton spent a few hours fixing me back to normal. Without either of those three men I wouldn't be here now."

Kate says, “There was something else in the paper as well. It reported that you sold your share of the Lady to Evan Adair back on the 10th, although it was final until he'd transferred the money to you. Sounds to me like Adair might have been in on this with the man disguised as you." Job exclaims, "Damn, I was hoping that was all just a dream. I had no memory of that until yesterday but I think it may have happened. I remember Adair, Fisk, Bernice and Chumbley were all there when I signed it over. It was a few hours after Bernice and I came back from Wilcox. There was another man there too...her late husband's Uncle Colin, that man who hurt Ruby."

Kate took his hand and squeezed it. "I knew you wouldn't do that on your own. There's no way to prove in court that your mind wasn't your own... unless Kevin Tomlinson has some other explanation than the truth." Job could feel Kate's hand shaking. "Colin Turner was here. I never really believed we'd killed him, but I'd hoped. Thank the gods Ruby left town; now I have only to hope he hasn't tracked her down while she's without us. Is there anything you'd like me to do for you, Job?"

Job replies, "No, the Doctor has taken care of me for the time being. He says I need to stay still and not move for a while so that is exactly what I will be doing. That is a good idea about Tomlinson, he has the Judge's ear, maybe he can prove something." Kate says, "You're in good hands, and you're right to do exactly what the Doctor says. I'll talk to Mr. Tomlinson when I can, and Jake this evening and tell him what the truth is about the sale if he doesn't know already." She leaned down and kissed his forehead in a motherly sort of way. "Get all the sleep you can; it's the best thing for you. We'll work something out."

He says, "Thank you Kate. I hear that Jake is doing well in the tournament. Hopefully the doctor will let me out in time to watch the end of it." She says, "I don't know much more than you; I had to be up early this morning so I couldn't stay last night." She unfolded the paper and found the article. "Yes, Jake, Adair, Hawkes, and Maverick are the remaining players. Darla Peacock was selected for the jury, as was Hannah Milford, so things will resume an hour after the trial ends for the day. Would you like me to read you what's in the paper today?" "Yes, please," he asks.

Once Kate gets beyond the first page she sees that most of the paper consists of political advertisements. "All those ads," she shook her head. "With so many I doubt many will really look at any of them, quite a waste of money. A nice windfall for the paper though.” On pages 2 and the inside back page, page nineteen, detailed descriptions of the other trials that took place that morning. Job is pleased to hear what happened with the tournament cheaters while Kate is glad to see that Chumbley gave a very good description of Warren Watson's rant at the trail and Edwin's speech exonerating Conrad Booth of the prior claims to cheating.

She says, “I was pleased with fines for the cheaters as well. As far as some of the crimes I've seen goes, cheating is pretty minor." Kate's voice turned warm and excited as she read about Watson's trial. "I was never really angry at him, I feel rather sorry for him truthfully. It can't be easy to live with that kind of hatred. I always wondered why he got involved in the play. He wouldn't have known Edwin Booth would come; I don't want to imagine he intended to hurt Conrad. But Edwin was impressive this morning. I hope Conrad will be more welcome in town after his brother made clear how those rumors got started."

Job replies, "As far as I am concerned he is welcome at the Lucky Lady, assuming I am still an owner that is." "Thank you," she said with a soft smile. "There's something else in the story about the tournament." She opened the paper again to make sure it was right. "I don't know what happened there last night, but Adair must have been getting under Jake's skin. They have a side bet; whoever lasts longest in the tournament will win the other's saloon. If he already knew about the sale, I could see him doing it. Either he gets your part back, or he doesn't have to partner with Adair."

Job says, "Hmmm, I had heard a rumor that Adair had that in mind for a secondary goal of the tournament but I am surprised that he conned Jake into falling for that. I hope Jake knows what he is doing, this could turn out very bad otherwise." "For all of us who call the Lady home," she agreed. "I wouldn't have thought he'd go for that either, he usually keeps a lid on his temper better. Try not to worry over it, just get yourself better so you can get back out there and doing. I'll talk to Mr. Tomlinson and perhaps I'll see you this evening." Kate slipped quietly out of the room after saying goodbye again.

Doctor Eaton was there in his office and Kate asked, "Job will be alright? He looked like he was doing well." The doctor says, "Yes, the cut was deep but it didn't hit any vital organs. How are you doing Mrs. Kale? Are you going to be alright now that Janet has moved on? Should Beth stop by to visit you regularly?" "I'm having no problems expect needing a new wardrobe soon. It was nice to have another adult around, but I still have Ginnie with me so I'm not alone. I'm not really home all that much, to be honest. Mrs. Eaton would be more than welcome, but I wouldn't wish to inconvenience her when I've had no trouble. I'd thought myself that I should visit, but I could not think of an excuse."

He replies, "You don't need an excuse, she would welcome it. She also has mentioned an interest in learning about horses, apparently that lesson she watched you give Mrs. Fly made an impression. Would it be possible for her and our daughter Rebecca to maybe begin lessons on Saturday?" Kate answers, "If they wish to. Riding is good exercise and a good hobby for anyone. I should warn you, I favor teaching everyone to ride astride. If you really want I can teach side-saddle, but it's not a very safe way to ride. I choose to wear pants, but Janet saw Mrs. Kelley and had a split skirt made. Those work just as well. When it comes to riding, I place safety above concerns about proper dress for ladies."

He replies, "Mrs. Kale, I worked for nearly three decades as a Navy ship's physician. I understand better than anybody the importance of safety over aesthetics." "I'm glad to hear it," she nodded. "I should have realized. I have to get back to the school soon, but I should say hello to Mrs. Eaton before I go back. Is she home?" He replies, "No, at this time of day she would be at Peg Watkins sewing circle over at the Great Western Boarding house." Kate says, “Another time then. I doubt Peg Watkins would welcome me and I wouldn't want to make her uncomfortable. Janet was happy to have the chance to say good-bye to all her friends yesterday, I know."

He says, "Yes. It is probably best that you don't stop by there. Mrs. Watkins is rather distraught over her son being sentenced to die and until the response comes to that appeal her friends want to keep her distracted in a good way." "That was my thought," Kate nodded. "I'll leave Job in your good hands, I must get back to my students. Thank you for letting me see him." He replies, "Any time Mrs. Kale, any time."

Promptly at 1:30 P.M. the Earp trial resumes, Attorney Upton first putting into the official record the written testimony from Grant Porter the previous week and a written deposition taken afterwards which stated that Ashley King had been responsible for the deaths of Nick Thayer, Colin Hunter and Claude Buckley. Upton states that Deputy Marshall Chester Martin will be his first witness. He request that Marshal Berg leave the room so this his own testimony will not be influenced by that of Martin. Berg departs and Chester takes the stand.

Upton first asks about the investigation of Claude Buckley’s death and what information Chester found out about it. Chester states, “Buckley had his throat cut one afternoon. This was a few days after the riot at the Marshall's Office. He was one of those who got shot. Anyway, I look around for footprints and find they lead back to Hamilton Fisk's house. Someone told me she saw Buckley go into Fisk's house in the morning and leave in the afternoon. But no one followed him. Somebody else told me she was with Wyatt most of the day, including when Buckley was killed."

Next Upton says “Tell us what happened the following day when you and Marshal Berg rode out to the Crazy-8 Ranch.” Chester states, "Me and the Marshall rode out to the ranch to ask the hands questions about Buckley's death. Maybe they knew something we didn't. Denny Garvin from the Thayer Ranch, Ken Wagner, and Gordy Bryson were there. Garvin and Bryson, well they threatened us with rifles when we showed up. Bryson's about to shoot at us, when he gets shot from afar. I tell Garvin to drop his weapon. Just as he does it, he gets shot. We have no idea who it was, so the Marshall gets Wagner behind cover and I go riding after the shooter. He has a head start, but I catch sight of a leather coat and he's riding an Appaloosa.”

Upton asks, "Deputy Martin, if the shooter had not intervened when he did what do you think the would the result have been?" Chester states, "Chances are that me or Marshall Berg would be on Boot Hill. Like I said, they had their rifles out when we showed up. Neither of us had drawn, reckoning we'd have a peaceable talk. The shooter saved our lives."

Upton asks "From your investigation of the deaths of Ordway, Thayer and Hunter what conclusions did you draw regarding Mr. Earp's involvement." Chester states, "It looked like Jasper Ordway shot Earp's horse and Wyatt returned fire, killing Ordway. It looks like self-defense. We think someone else killed the Deputy Sheriff.”

As Kate makes her way back up the street she sees that there are soldiers guarding the Marshal's Office and Jail Building and more soldiers outside of the Town Hall where the trial is starting up again after the lunch break. Through the windows she sees inside that the building looks to be packed with onlookers and that Chester Martin is giving testimony. Kate felt the urge to go inside and see what Chester had to say. There were certain to be things the Marshall's office knew that hadn't been shared. But it would be obvious, her coming in now and the school was waiting for her. The less she had to do with this trial the better, anyway. She walked back to her house and into the school room where the students were back at their studies.
Inside, Attorney Upton asks, "Deputy, One of the men who Mr. Earp is accused of killing on the morning of the fifteenth was Stephen Wicks, who had been impersonating Denny Gaurin. I have heard that man died on the second floor of Hamilton Fisk's house while you were looking for one of the Koontz brothers for the Condon Bank Robbery and that Earp was not involved. You were there at the time, what exactly happened?" Chester clears his throat. "I found out that Elmer Koontz was hiding out in Fisk's house. I had a couple people deputized. They went upstairs and found Wicks. He tried to kill them, so they shot him."

"To be clear about that Deputy, you are saying that Wick's death had nothing to do with Earp then? That he is completely innocent of that charge? Chester replies, "Yes, sir. Wyatt had nothing to do with that. My friends killed Wick in self-defense. He wasn't in Fisk's house." Upton continues, "And what happened following those shots? How is it that Porter Norris and Charlie Villars then became involved?"

Chester takes a drink of water from a glass in front of him. "A bunch of guys came out of Liberty headquarters, including Norris and Villars. They get shot by someone I couldn't see. Then the hill goes up in flames. Stray round must have hit some dynamite. Anyway, before I know it, Earp comes running buck naked at Madsen. Madsen shoots and eventually hits Wyatt. Then the dynamite shed went up. That hurt."

Following Chester Martin's response to Upton's final question Behan approaches the bench for his cross-examination and says, “Mr. Martin, you have speculated that you feel that Bryson, Garvin, Norris and Villars would have done harm to you and other town lawmen if Earp hadn’t murdered them but you do not know that for a fact do you? Didn’t you state that one of those men was actually surrendering to you when he was brutally killed by Earp? Might the others have done the same if they had been given the opportunity to?

Chester says, "I don't know who shot Garvin and Bryson... or Norris and Villars for that matter. I never got a good look out at the ranch. What I do know is that Bryson and Garvin were pointing rifles at me and Marshall Berg. They threatened to shoot us." Chester turns to Isby and says, "When we said you knew where we were, your Honor, they threatened to kill you too. The guy at the ranch didn't shoot Wagner when he raised his hands. As far as Norris and Villars, I don't know what they were planning on doing once they left Liberty Party headquarters."

Behan then asks, “Mr. Martin, isn’t it true that Mr. Earp did you a huge favor by hiring you on as one of his deputies? That prior to that you had been dishonorably discharged by the Army and had been fired for cause from jobs at both the Silverbell Mining Company and Condon’s Bank so were very thankful to have finally found employment? Doesn’t that make you now obliged to help the man who hired you? Chester replies, ""No sheriff, it doesn't. The Promise City Merchants Association hired me, not Wyatt. Heck, he wasn't even in town when I was hired. even if he did hire me, the law has to be upheld."

Finally Behan says, “Mr. Martin, please describe for this court the common practice among lawmen known as ‘Professional Courtesy’ and as an example, in your answer describe the special consideration that you and Marshal Berg showed towards lawman Tim Courtright during his recent visit to town.” Chester replies, "Special consideration? Well we did tell him what we knew about the New Douglas Gang. He's a bounty hunter and was looking for some background on them. In return he gave us a line on Claude Buckley's killer. That lead us to Wyatt, but he had an alibi for the time Buckley was killed. The priest can vouch for that."

After the Deputy's response to those questions Chester Martin is dismissed and Upton calls for Marshal Mitchell Berg to be brought back to the courthouse and take the stand. He has Berg outline the details of his own investigations of all ten deaths. Berg states that they could find no conclusive evidence linking Earp to Buckley’s death.

Upton asks about the morning of June 1st and Berg desribes riding out to the Crazy-8 Ranch and how both Gordy Bryson and Dennis Garvin threatened them and drew weapons on them before being shot dead from a distance. Upton asks, “If that shooter had not fired do you believe that those men would have killed you and Deputy Martin?” Berg replies, “Absolutely, they said they would kill both of us and that they also planned to kill Judge Isby.”

Berg describes the morning of June 7th and finding the bodies of Ordway, Thayer and Hunter. He says “We concluded from the evidence that the sequence of events was that Ordway was waiting in ambush for Earp and shot at him, killing Earp’s horse. Earp then shot back at Ordway, killing him, then rode away on Ordway’s horse. The other two were killed hours later by somebody else, as the bullets used were a different size and it would have not made sense for Earp to remain in the area.”

Following up on Ken Wagner’s testimony Berg says “Our initial assumption that Wagner might have been the killer was because he had taken Thayer’s coat and gun, thus he had a motive. We were not looking for a scapegoat. I run my office with the highest of ethical standards.” Sheriff Behan cross-examines him and tries to get Berg to admitting to a personal relationship with Wyatt Earp but is unable to get anything to stick. Behan apparently is unaware that Berg and Earp had met in recent weeks as he does not ask about that, nor does Berg offer up that information.

 

[Silver Moon]

Chapter Two-hundred-forty, ““Al and Rosey” , Monday, June 19th, 11:30 A.M.

When Ruby awakens she is alone in the bed. The drapes in the room are very dark, blocking the sunlight, which is seeping in from the edges. She sits up and sleepily looks around the room. It only takes a moment to remember the night before. She grabs a pillow, puts it to her face and screams a laugh into the fluffy headrest. She falls back onto the bed, the huge smile staying on her face. She was shocked at her own behavior but still, still as she thought about it she couldn't argue against herself that she was wrong. That was all the funny feelings she had been having, why she was so crazy, so jealous. All of it made simple sense with her honest revelation to George and to herself.

She climbs out of bed and opens the shades, trying to guess the hour. The room fills with light. She sees that the sun in close to overhead, indicating that it is now late morning. Ruby gets a little excited bounce in her step. George should be home any minute, maybe even now! She throws on the pink robe and hurries downstairs to look for him. She doesn't see him.

As she enters the more formal dining room she sees an older woman is there. The woman appears to be in her late fifties and is short, a few inches less than five feet in height, with gray curly hair. Initially Ruby assumed her to be human, but upon closer examination she sees slight points to the top of her ears, indicating some Elvan blood is also in the woman's lineage. The woman is busy setting the table, putting out place settings for two people. Ruby ponders if she should just back out unseen, instead she says in a sweet voice, "You must be Rosie?"

The woman looks up and smiles. She replies, "No, I'm Alvina, but please call me Al. My husband is Rosie, short for Rosaire. In his youth he played professional sports and his teammates gave him that nickname. Welcome to our home Ruby." Ruby says, “Oh, how embarrassing. I'm sorry." She stands awkwardly for a moment before smiling again, walking over to Al, and hugs her tightly. "Thank you, for welcoming me." She replies, "I should be the one thanking you. From what William has said Mr. Eastman has never been happier than he has been these last few days."

Ruby blushes. "George and I have been friends a very long time. I can say with certainty that I'm very glad I made this trip, for both of us." Ruby looks around, "Is George here?" She blushes again, " I'm anxious to see him this morning." Alvina replies, "William said that he left fairly early for the office but planned to be home for lunch at noon, so he should be along soon. William left a short while ago to go and fetch him." "Oh! I should, you know, I should go get dressed... ready... you know... for lunch." Ruby starts heading out of the room. "It was nice to meet you! Later on we'll have to sit down and chat," she smiles at the older woman before she runs back upstairs.

She rummages through her clothes, unsure of what would be suitable for the morning after you say you love someone and sleep with them for the first time. She ends up putting on her white and purple outfit, the one she traveled down in. It was form fitting and the shirt and skirt were sexy but the jacket covered a lot to make it more appropriate. She wished for time for a bath, but not wanting to waste any she instead cleans up at the basin. She fixes her hair in a headband but leaves her makeup off. She bounces back downstairs and returns to the dining room, hoping George was home.

As she bounds down the stairs she sees through the window that the carriage is coming up the driveway. She stops at the bottom of the stairs and considers what to do next. Ah hell, she thinks, Who cares at this point? Instead of going back to the dining room she heads to the front door. Throwing it open she bounces outside and waits there for the handsome man who won her heart so easily. When she bounds into the drive William has just opened the door and George is exiting. Upon seeing Ruby rushing forward he sets down the leather satchel that he hold and gives her a great big hug, tossing her up into the air as he does so. "I trust that you slept well?" he asks.

She unabashedly wraps her arms around his neck and kisses him on the lips. "Yes, Mr. Eastman, I did, I slept great!" she smiles. "And how did you sleep?" He replies, "Better than I have in years." He then gestures over to the side yard, where a short bald man with slightly pointed ears is busy trimming a hedge bush and says, "And I see that Rosey and Al have returned. Have you met them?" "I met Al...," she says, before pinching his rear, "You could have warned me! I only met her for a moment though, I wanted to get ready to see you. Why don't you introduce me to Rosie?"

George sets her down and takes her by the hand. They walk across the yard and he says, "Rosey, I would like you to meet somebody special. Ruby West, this is Rosaire Dumas." The short bald man takes a pair of eyeglasses out of his shirt pocket and puts them on. He eyes Ruby apprehensively and then with what she recognizes as a forced smile says, "Pleased to meet you Miss West." Ruby keeps the sweet smile on her face. She extends her hand to the man, "It's nice to meet you too. I've already heard a lot about you and I've met your very beautiful and pleasant wife. I hope we can get to know each other a little better over the next days."

"Yes Ma'am," he replies. George says, "You are doing a fine job with the yard. It will be lunch time soon Rosey, try not to miss it." George leads Ruby back to the house, William having picked up George's satchel and brought it inside. Ruby takes his arm and her smile stays put. "He doesn't like me very much. Think he's afraid I'm here to steal your fortune?" she asks as George leads her inside. George replies, "No, that wouldn't be what is bothering him about you. I'm not sure what, I'll ask him some time when we are alone."

They enter the building to see that Al has begun to bring out the first course. Ruby notes that three place settings have been put in the adjacent informal dining room, indicating that she and George are dining separate from the three employees. She says, "As much as I'd like it to be just you and me, maybe we should ask them to eat with us, I don't mind, really. I'd like to get to know them. Besides, I really don't want to come in here and make them have to change because of me."

George says, "They won't, they consider you a guest, and if I order them to join us then they will just feel uncomfortable. I'll work on that if you'd like but it might take a while to get them to come around to that idea." Al brings out the salad and soup. She pours what looks to be apple cider as the main beverage. Ruby takes a seat, not at the other end of the table but the chair next to George's. She says to Al, "You don't mind if I move this, right?" as she pushes her soup and salad down towards George. "Thank you, it looks wonderful," she comments before Alvina leaves.

She puts her head closer to George, "Perhaps Rosey doesn't like me because I remind him of his daughter. Do they get along with her?" George replies, "Actually yes, they do. As I said, I'm not sure what Rosey's problem with you is but it will have to wait until he and I are alone to discuss, and even then it's likely he won't tell me. So Ruby, what have you been doing to keep yourself busy around here this morning?" "Actually, I slept all morning, if you can believe that. Someone kept me up late last night," she giggles. "Then I just got up and got ready for you to come home. And I'm starving so it worked out perfectly. How did your morning go?"

He replies, "Very well. I met with my Board of Directors and explained that I had an unexpected visitor arrive from out-of-town and that they would have to get along without me for the balance of the week. Then I developed the photographs that we took. By that point the information package from Canada was delivered, so I spent the balance of the morning reviewing that material." Ruby freezes, holding the spoon in front of her face. Nervously she asks, "And what did you think of what you reviewed?"

He says, "I found it very interesting. I was hoping that you would give me some time after lunch today for me to review some more, that way I'll know better what questions I would have for you when we take our carriage ride later. Perhaps Al could take you shopping while you are waiting for me." She finishes her bite of salad, chewing it slowly. "Of course, George, whatever you want. I need to go shopping anyway." She is quiet for a moment before she smiles and blurts out, "Oh, but a whole week we have together! How wonderful. You'll have to let me know what you think we'll do so I can shop accordingly."

She then asks, "How did the pictures come out?" He says, "They all came out, although the one you took of me was a bit off-center, but not too bad given that it was your first attempt at photography. As for the shopping get a mix of whatever you may want, both formal and informal, I will make sure that I send Al with enough money." Ruby says, “Oh? You don't have to pay for my clothes. I mean, if you want to, you can, but that isn't why I was saying I needed to go shopping...I just don't want you to think... you know, about the money. I just want to have things that you will like to look at."

He says, "Ruby, it doesn't matter what you are wearing, I would still want to look at you. I have one question though, why Ruby? Where does that name come from?" She replies, "It came from a long time ago, my mother was turning away my grandmother, although I didn't know it was her at the time. My grandmother stood up for me, tried to tell her what a jewel I was. Mother didn't listen, she didn't really care. You know she didn't. Doesn't." Ruby sighs, "Anyway, it was a reference to my hair. You know, the red haired women in my family have my...," she lowers her voice and makes sure the staff isn't close enough to hear, "Gift." In her normal voice she continues, "I just like the way it sounded and that someone stood up for me. It sort of represented that."

She smiles, "It's much better than Constance, don't you think? Don't you like Ruby?" He says, "It fits, given your hair color. So, how is your Grandmother? You and your friend Richard mentioned your recent visit but that was mostly in describing the documents in your possession. You didn't really tell me anything of your visit itself." Ruby becomes overly animated. "Oh it was just wonderful!" Her hands wave around as she talks about the trip, getting to meet her grandmother and James, seeing the show, talking about the papers and the people following them, all of it. She talks about every detail of the trip, except her possibly seeing Colin Turner.

"So, what do you think? Would you like to meet my grandmother? She's just amazing. I'd love for her to meet you too. While she is talking Al brings out the main course, roast beef, potatoes and gravy and freshly baked cranberry bread. He smiles and replies, "Of course I would like to meet her, she sounds a lot like you." Ruby's eyes widen, "All this for lunch? You are absolutely spoiling me!" She smiles up at Al, "And thank you ma'am, this is delightful."

Back to George, Ruby says, "I'm glad to hear you say it! She thinks we're a lot alike too and I have to agree. She's gotten to have a lot of the adventures I've always dreamed about." "How is your mother? She was always sweet to me." He replies, "She is doing well. I help support her, so she no longer has to take in borders at her home as she had before. She is starting to get on in years, having turned sixty last year. One reason I am considering building on that other property is to make a place for her where myself and my employees can better see to her everyday needs." Ruby sighs. "There you go again being all gentlemanly and noble. Well, I'm glad she is doing well and you see after her."

Ruby takes a bite of her roast beef then points to her plate. "This is really good. Who does what around here?" He replies, "Al is my cook and housekeeper, William is my house manager and driver, Rosey is my groundskeeper and maintenance man." Ruby nods. "That makes sense. Well, you, and they, run a very lovely home here." She takes a few bites, then looks over her shoulder to the others. Thinking they are far enough away she turns back to George. Her cheeks turn pink as she whispers, "So... what did you think of last night?"

He blushes and says, "Er...well....that really isn't something that should be talked about." Ruby furrows her brows. "Why not? I want to know how much you enjoyed it." He replies, "That's just not something people discuss with the opposite gender." Ruby just blinks at him. "Is this your way of saying it was not good??" Of course, Ruby can't fathom that thought but says it anyway. He states, "It is my way of saying I am not comfortable discussing...that particular subject." Ruby puts her fork down. "Perhaps if you can't be mature enough to speak about it, you shouldn't be doing it!" Her lips form into a pout, even though she doesn't want to be mad.

She sighs and forcibly relaxes her face. "George, I'm sorry. Last night was so... great for me... and different... and I don't know why you wouldn't want to talk about how you feel too." His voice raises somewhat and he exclaims. "Ruby, there are subjects that just aren't discussed in mixed company!" She softens her voice and says, "And what would those subjects be, Mr. Eastman? You should inform me now because I really don't know. I thought the person that you choose to be with, well, would be your best friend and you could tell them anything." He replies, "Under the right circumstances yes, not while you are trying to enjoy a meal at the dinner table with the servants just twenty feet away. Intimate conversations should be conducted during intimate times."

She says, "Oh. Is that what you're trying to say? That you'll tell me later? I thought you were saying you wouldn't tell me at all." Ruby starts eating again. "You were making me really nervous." Ruby is quiet while she eats. She still had a small nervous feeling inside her belly so she changes the subject. "Think you'll be able to take me dancing? I love to dance and if I recall correctly you were a great dancer that night at the Cantina." "I think we could make some arrangements for dancing," he says, with a definite sound of relief in his voice at the subject having been changed.

"Good, I really love dancing. It's fun and great exercise. And getting to be close to you." She takes another few bites of lunch. "So, today I'm going shopping and then we're taking a ride. Anything else planned for today?" He replies, "We can decide that later during or after our ride." "Alright George." Ruby quietly finishes her lunch. Following the meal George heads off to speak to Alvina and William. He tells Ruby he will see her when she returns and kisses her on the cheek before retreating to his study, closing the doors behind him.

William heads out to get the carriage and Alvina asks Ruby if she is ready to go shopping. She smiles, "I'm always ready to go shopping. I hope you don't mind accompanying me too much." She smiles and says, "I enjoy shopping too and I am hoping to get to know you better." William holds the door to the opulent carriage and the women enter. They set off for downtown Rochester. Ruby's smile stays in place as the carriage rides towards the city. "George says you have a daughter? He thinks we're somewhat alike. What's she like?"

Alvina replies, "Adventuresome. My late husband was an engineer and she had an insatiable curiosity to learn. She accompanied him to the Centennial Exposition held in Philadelphia back in 1876, where he had helped to design the main exposition building. That was where she met the man who she is now married two. They now have three children and have a house down on the Finger Lakes." Ruby laughs, "She must be very adventuresome to have had three babies! You must miss not being closer to her. What's her name, if you don't mind me asking?"

Al replies, "Her name is Ellie. She is married to a Scottish inventor named Callum McDonald. Their children are named Lily, Alexander and Sarah." Ruby says, "Beautiful names. I'm sure they are a wonderful family. I look forward to maybe getting to meet them one day!" Ruby looks over Al for a moment before pulling her feet up underneath herself. "I'm certain you have many questions for me, is there something specific you'd like to know?" Al pauses, so Ruby prompts "You can ask me anything Al, I don't mind. I'm pretty open about most things." Al says, "If it is not too personal yes I do.”

Alvina asks Ruby , “What exactly is your managerial philosophy regarding employees?" Ruby says, “I'm not sure what you mean. You may have heard who my parents are but I am not like them. I don't really have any personal employees back home." She pauses, "Well, I guess that's not entirely true, I am part owner of a Saloon, and have employees there. I guess you could say that I believe in finding employees that are honest, true and most importantly loyal. And treating them fairly and with respect so they do the same. "Quite frankly, when you have someone living in your house who works for you, they become more like friends, even family, than anything else." "If you are asking how hands on are I am with them, I'd rather hire intelligent people who can do their job on their own, without me holding their hand." Ruby laughs, "Did any of that long windedness answer your question?"

She replies, "Yes, very much so. Rosey and I know a number of people who work for William and Alma West, and quite frankly, am not fond of what we have heard. Rosey always says that the apple doesn't fall far from the tree, so has some concerns. He and I have a special relationship with Mr. Eastman, we are employees, but the relationship has evolved into one where we are more like a trusted aunt and uncle. George said that living out west had humbled you, that you no longer had the upper crust attitude that your parents do, but you did grow up under their roof and we read in the newspaper of your many years at that fancy boarding school in Switzerland, so we weren't sure."

"You will learn, I am nothing like my parents." While Ruby had no real loyalty for her parents she didn't feel it was the right time to let Al know the truth about her. Ruby laughs lightly, "Is that why your husband doesn't like me? You have no worries. I have no intention of coming here and changing anything. The way George speaks about you, you have become like family to him. And I for one appreciate that he's had someone all these years that he can talk to and depend on. Besides, I am not really in the position to be changing things around here. I'm not sure I ever will be."

Al replies, "Well things may need to change soon enough if you are staying. The house is barely big enough for the four of us, with a fifth it will become rather crowded and there's also the matter of George's mother. She may soon need a full-time nurse to look after her. Now might be the time for him to consider building the house on the land he bought. Ruby says, "Oh, I didn't know his mother was in that state already. I haven't seen her in so long...George has spoken about building the house many times. With or without me here it sounds like he should do it. Perhaps I'll put in a good word for you then. I'm sure you can manage it, taking care of a larger home."

Ruby plays with her hair, wrapping it around a finger as she speaks. "Al, I'd like to ask you a question now. I know your loyalties are to him, I don't expect you to go against that or anything, but you've been around him much more than I have now that he is a man. Tell me truthfully, what kind of woman do you think would make him happy? I mean, what kind of woman do you think he needs to be his wife?" She smiles and says, "There is only one woman in the world who would make him happy and I believe that you already know that."

Ruby blushes a little, smiles and looks out the window. "Yes, I suppose that is true. I know I could make him happy." She looks back to Al. "But I also know how different we are and might make him crazy at the same time. He's got so many good things going on here, good things for more than just him, good things for everyone. I just... I'm not sure we are right for one another. We are very different." Alvina replies, "My late husband Benjamin and I were very different two. I was a homebody while he always wanted to travel and meet new people. So we compromised. I let him travel as much as he needed two while he made sure that his times at home were special between the two of us. It is different with Rosey, we are far more alike, but I honestly can't say which relationship was better, they are each unique in their own special way."

Ruby smiles at Al. "It's been a long time since I had someone to talk to about this kind if stuff. I admit, when I came here I didn't know things were going to go like this, that I would... you know, have these feelings for George. I know he wants me to marry him, I just don't want to make a mistake for both of us. I mean, it's not just the two of us that are affected." "Al, do you like being married?" She replies, "Of course, I'm not one to be alone. Having somebody to share your life with makes life worth living."

Ruby gets a dreamy look in her eyes. "Yes, I imagine that's true. I don't like being alone either. George is... wonderful. And I know he loves me, which means everything to me." She smoothes her dress at her stomach. "I guess I would be foolish to let him go, right?" Al's facial expression changes to a serious one and says, "I didn't hear you say that you loved him. If you don't love him you should let him go, otherwise you are being unfair to both of you." Ruby facial expressions match Al's. "That's the thing, Al. The love thing. I am... well, I've had a lot of trouble with love over the years, men telling me they love me and would do anything for me. But then, then never would. Love me that is. Love became this... thing, a word, I forgot what it means, I mean, really means. And I tried to close myself off from it because I didn't want to get hurt. Even then. I got hurt anyway. So what is love?"

Ruby finally smiles. "Then I came here. I always cared about George, even when I foolishly tried to act like I didn't, I did. And seeing him, being near him... I can't even begin to tell you how I feel. Like a schoolgirl with a crush! He makes my heart pound, he makes my belly feel like there are a million little butterflies inside, he makes me want to be around him all the time and he even makes me want to be a better person." Ruby takes a deep breath in and then out. "Last night Al, we..." Ruby stops her train of thought suddenly. George may be right and she shouldn't be talking about what exactly they did the night before. "Well, let's just say last night was very special. And I told George I love him and I do. Love him that is. It's different than all those other times that didn't work. It's different because this time I know the person on the other side loves me too."

Al says, "He does love you. And from the sound of a racing heart and butterflies in your stomach I would say that you do love him as well. The only advice I will give you is to follow your heart. Love doesn't always make sense. My daughter's husband is twice her age but seeing them together you would never know that. Love works that way." Ruby squeezes the woman's hand. "I can see why George loves you and respects you like he does and he should make sure to never let you go. I think you give wonderful advice. It's always when I don't listen to my heart and over think things that I get in trouble." Ruby shrugs playfully. "I guess we'll see what happens with Mr. Eastman, what he decides to do with me. And now for your second job of the day, helping me shop!"

 

[Silver Moon]

Chapter Two-hundred-forty-one, “Wyatt Earp Testifies” , Monday, June 19th, 2:15 P.M.

Kate was back at the school. It was the afternoon session now and the children were working individually on things that interested them or things they needed help on. Kate caught Mr. Gonzales eye and nodded, and when he finished talking to his student he walked over to her. "Job is doing well," she whispered. "I stayed and read him what was in the paper. He said he'd hoped selling his part of the Lady was a bad dream. He remembers Fisk, Adair, Chumbley, and Bernice there when he did it. Also, Colin Turner."

Gonzales says, "Hmmm, not much I can do about that given that we need to keep my skills secret but I can go talk to Father Valdez, the fact that he uses priestly magic is known and accepted. Maybe he can help to rectify this situation." Kate tried desperately to remember if she'd told her teacher about Kevin Tomlinson and his real purpose for being in Promise City, but couldn't. Well, she'd be telling him anyway. He was the one person she truly trusted to keep those sorts of things to himself.

She says, "He might be able to help. I told Job I'd talk to Kevin Tomlinson as well and see if there was anything he could do. Is there something our skills could do? I understand we can't; the fate of the Lady isn't really a dire circumstance even if it feels like one. I'm just curious." Gonzales says, "Okay, Tomlinson is busy over at the Earp trial but you might get to talk to him if or when they take a break." "They have to stop for the day at some point. I noticed you didn't answer my question," she smiles. "But that's alright, I'll ask it again in private.

She then says, “I told Job about the bet involving the Lady, too. I wasn't going to be he'd find out I knew later anyway. He must trust Jake a great deal, he just said he hoped Jake knew what he was doing." Gonzales replies, "I have always hoped that Mr. Cook knew what he was doing as well, as of now I am still very uncertain." Kate exclaims, "Grandpere, I never know what I'm doing and you still love me. His intentions are good. I hope things quiet down soon, I'm starting to feel a bit ragged. Half the town has me married in the next month," she laughed. "I need to hide for a while and let people quit talking about me."

He states, "Fear not my little bird, based upon the newspaper I would say that today everybody will only be talking about Mr. Earp, probably tomorrow as well, and then once the results from tomorrow's election is known all they will be talking about are the seven winners." Kate says, "Let's hope the winners are people we can live with. I haven't done nearly as much for the elections as I'd have liked to, but then I'm not a candidate. Once the party was formed it was time to let the candidates lead. After all, they're the ones who'll have to do the work, not me." A few minutes later Nate Caudell came in to talk about the elections. Mr. Gonzales went on his way and Kate settled in to listen to the lesson on the democratic system. There were many small things she'd forgotten that he was able to remind her of.

Back over at the Earp trial, Attorney Upton then calls for the defendant Wyatt Earp to take the stand. Upton says, “Let’s begin with the 1st of this month. Why is it that you were at the Crazy-8 Ranch that morning?” Earp says, “I had gone to Katherine Kale’s ranch south of town to check on the status of her brother Henry whose life I had saved in the Tombstone fire and noticed some men spying on the ranch from the hill southwest of it. I mistakenly assumed they were out to harm Mrs. Kale so followed them when they left. One of them was Clifford Allman, and we now know that he was there spying on the adjacent Perez Ranch for the Hooded Riders group that he was a member of. I followed him and his companion Denny Garvin back to the Crazy-8 Ranch.”

Upton says, “And what happened next?” Earp replies, “Allman went into the ranchhouse with Ken Wagner while Garvin rode out a short ways to talk to Gordy Bryson. Marshal Berg and Deputy Martin rode up to the pair of them. I was on a hillock around two-hundred yards away and could not hear their conversation. The lawmen had not drawn their weapons and were taken by surprise as Bryson and Garvin drew on them.”

Upton asks, “Your weapon was not out prior to that?” Earp replies, “No, I had not gone there to kill anybody. But I wasn’t going to just sit back and watch the current Marshal and his Deputy get murdered.” Upton says, “So you fired at them?” Earp replies, “No, I waited a short while for Berg and Martin to try to defuse the situation. Ken Wagner rode out from the ranch then without drawing a weapon so I had hopes things would dissipate. But Garvin and Bryson instead readied their weapons to fire, leaving me no choice.”

Upton says, “And the one who was lowering his gun?” Earp says, “He did not start to do so until after I had fired. I was a distance off. I suppose that I could have waited, but if I had that would have left him with enough time to have killed one of the lawmen. I wasn't going to take that chance.”

Upton says, “Moving forward to the 8th, describe the altercation with Mr. Ordway.” Earp says, “That was like the first time in that I was following men who I saw spying on ranches. I had continue to do that since the 1st and has also seen them watching the Phillips Ranch, which was later rustled. I assumed this was a cattle rustling scheme headquartered out of the Crazy-8 Ranch following the owner’s death.” Upton says, “So you were essentially conducting an investigation?” Earp replies, “Yes, to hopefully uncover enough evidence to then get back the information back to the town lawmen through a friend of mine who I had been meeting up with every-other-day or so.”

Upton says, “So what happened with Mr. Ordway?” Earp replies, “He took me by surprise. He and Nick Thayer had ridden off in the direction of Ordway’s mountain mine so I assumed that was their destination. Thayer apparently rode on, but left Ordway guarding along the trail at the base of the mountain. He was perched atop a large rock and my first notion of his presence was when the shot fired and my horse collapsed to the ground.”

Upton says, “And what did you do next?” Earp replies, “I lept from the saddle and rolled on the ground as Ordway took another shot at me. For him it was like a turkey shoot, with me lying on the ground like that and he took a third shot as I draw my revolver. That shot barely missed my head and the next one would surley have killed me, but I fired first and he fell dead from the rock.” Upton asks, “What did you do then?” Earp replies, “I found where Ordway’s horse was tied up nearby and high-tailed it out of there. I knew Thayer was still in the area and would have heard the shots so sticking around didn’t make a whole lot of sense.” Upton asks, “And you kept Ordway’s horse?” Earp replies, “No, I returned it to his ranch and then continued on my way on foot. I am not a horse thief.”

Upton says, “Please describe to us the events of Thursday, June 15th.” Earp says, “All of my investigations kept linking back to the same place, Hamilton Fisk’s Liberty Party, so I began watching their headquarters hoping to maybe piece something together from the comings and goings of the people there. I saw Deputy Chester Martin and his deputies enter Fisk’s house and then heard gunshots a few minutes later. A group of armed men then charged out of the Liberty Party Headquarters and I was certain the Deputy and his friends were going to be caught in a crossfire, so I fired on and hit the first two of them.”

Upton asks, “There were more than two in that crowd, why didn’t you fire on the others?” Earp says, “There was no need, they turned to run back inside the Liberty Party building. I wasn’t trying to kill that bunch, I just wanted to protect the lawmen.” Upton says, “And what followed?” Earp replies, “Vaughn Palmer followed, although at the time he was wearing Bronco Madson’s face. He saw me and threw a powerful wizard spell at where I was, causing the hill around me to explode in flame. I had ducked down between the rocks which shielded me from most of it but my clothes caught fire so I stripped them off. My gun started to cook, so I left them.

I then figured since he could throw spells that covered large areas from a distance hiding was out of the questions so I went on the offense and ran towards him. Probably not the smartest thing I’ve ever done, running unarmed at a wizard in my birthday suit. He threw another fireball at me, this one missing me and hitting Slade’s dynamite shed instead. The explosion followed. I guess the gods were looking out for me as the explosion sent me flying and I wound up with just a dislocated shoulder and a few bruises while Palmer was blown to bits. I would have been blown to bits too if I had been closer to Palmer when the dynamite went up.”

Upton says, “So to be clear here, you are saying that Palmer died as a result of his own carelessness?” Earp replies, “Yes. I had always heard that wizard magic was dangerous stuff to fool around with, I guess he proved that. When he died I was naked, unarmed and still a short distance from him, so I am curious to know exactly how the prosecutor feels that I killed him? Vaughn Palmer died accidentally by his own hands.”

It was now 3:30 P.M. and over at the school the children went chattering outside. Emery Shaw was still coming by to pick up Emily every day, so Kate went outside and looked for him. He was striding down the street as she came outside. "I wanted to wish you luck tomorrow," she said when he arrived. "And ask if there is anything I need to know about going on tonight. Otherwise I'll be at the El Parador."

Shaw replies, "No, not that I know of. Vera is holding a party for her friends and potential voters over at Drover's but it's less informal than a real rally. Between the Earp trial and the Van Horne tournament things will continue to be busy. I just stopped by the trial a few minutes ago, Earp is testifying in his own defense right now." Kate states, "Seems I've spread myself too thin again. I'll have to stop by the Lucky Lady later and check on things, but since Mr. Booth the elder will likely leave tomorrow, I'll spend most of the night at the El Parador for a send off. I think I'll go hear what Mr. Earp has to say for himself. It's probably quite interesting." Emery Shaw and his niece Emily accompany Kate over to the town hall and the three of them sit in the back as Attorney Elihu Upton is questioning his client.

Upton asks, “Mr. Earp. Before I ask my final question of you would you please tell the court what my instructions were to you regarding your cross-examination?” Earp replies, “You emphasized to me that since the first of the charges against me took place on May 31st that I shouldn’t answer any questions regarding events prior to that. This court hearing today is about ten specific murder charges and that I should only waive my Fifth Amendment right regarding questions about my actions from that day onward.”

Upton says, “That is correct. This is a murder trial, not a fishing expedition. Mr. Behan has brought specific charges regarding a sixteen-day period beginning on May 31st and I have instructed my client to answer questions relevant to that time frame. If Mr. Behan chooses to use his cross-examination to bring up extraneous matters or to seek to incriminate my client on other charges I want the jury to be aware that Mr. Earp’s refusal to answer such questions is solely due to my instructions to him and is in no way his choosing to be evasive or of any admission of guilt to whatever Behan postulates.”

Upton turns back to Earp and says, “My final question to you concerns the first murder that you are accused of, Mr. Claude Buckley. Undertaker Dick Lester had determined that the murder took place during the afternoon of May 31st. Can you please tell the court where you were during that time frame and if there were any witnesses who can corroborate that?” Earp replies, “Yes, I spent that entire day on large hill in the Chirichua range around two miles southeast of here. It was the property owned by Hamilton Fisk where the United States Army had made their encampment in January prior to the peace treaty with the Apache. There was a witness to that as from mid-morning until almost sunset I was in the company of a young woman who I deeply love. Her name is Josephine Marcus.”

Behan’s jaw drops upon hearing that revelation. Upton says, “Thank you.” He returns to his seat. Kate lifted her eyebrows and whispered almost inaudibly to Emery, "I'm surprised, they were keeping that very quiet." Judge Isby tells Behan “You may question the defendant now sir.” Behan turns and glares at Miss Marcus who gives him a icy stare back. He then approaches the chair that Earp is seated in and says, “How long has this love affair with Miss. Marcus been going on?” Earp says, “I have been advised by my attorney not to discuss matters that occurred prior to May 31st.”

That response angers Behan who exclaims, “So you’ve been carrying on with her for quite some time?” Earp replies, “Prior to May 31st of this year.” Behan states, “And this is a serious relationship?” Earp replies, “Yes.” An increasingly agitated Behan then asks, “And you believe that she feels the same way about you?” Wyatt Earp says, “Yes.” Behan says, “So you are saying that she is biased towards you, wouldn’t that therefore making her a non-credible witness where she would have every reason to lie?” Earp says, “Deputy Martin had a similar concern about her being my alibi so he took her to Father Thomas Valdez. Based upon that interview the priest both Valdez and Martin were inclined to then believe her.” Behan looks to the Judge and says “Objection, the results of truthfulness spells are not permitted as evidence in court.” Judge Isby replies, “Mr. Earp made no reference to any spell, you could make any number of inferences from his answer.”

Behan turns back to Earp and states, “You are a married man Mr. Earp, so are admitting to a love affair in violation of your sacred wedding vows. If you cannot be honest to your wife then how can we trust that you are being honest to this court?” Earp replies, “I am unmarried. My brother Virgil has the court-documented divorce papers if you would like to see them. And as far as honesty is concerned you were quoted in the paper as saying this trial is about justice and not your own personal vendetta against me. But you have now asked me a half dozen questions that are unrelated to any of the men you accuse me of killing, instead all you appear to only care about is my relationship with your former fiancé. How is that not personal?”

Emery Shaw whispers back to Kate "Now you see why, that revelation has totally thrown Behan off his concentration and hurts his credibility too. I'm not sure if Upton, Earp, or Marcus thought to do that but it seems to have worked." "His obvious bias certainly won't help his case. Miss Marcus would have known him well enough to know how he'd react," she whispered. A flustered Behan says, “My questions relate to the first man killed, Claude Barkley.” Earp says, “I believe you mean Buckley. I did not kill him, I was miles away at the time. Nor did I have anything to do with the deaths of Colin Hunter, Nicholas Thayer or Stephen Wicks.” Behan yells “Be quiet! I haven’t asked my next question yet!” Earp remains claims and sits patiently waiting.

Behan then asks a number of questions related to the deaths of Morgan and Warren Earp which Wyatt Earp refuses to answer for the previously stated reason. Behan attempts to get Earp to admit that he blamed the Cowboy Gang and people rumored to belong to it for his brothers’ deaths. Earp again refuses to discuss events prior to May 31st. Behan says, “But you do admit to your armed surveillance of the Liberty Party Headquarters where you considered your brother’s killers to be at.”

Earp says, “I was conducting a continuing investigation. I spent time over a few days watching that building, during which each of the men who you accuse me of murdering came and went several times. If murdering them had actually been my goal I had multiple occasions to accomplish that task but did not. As to my being armed at the time, the fact that Mr. Ordway ambushed me a week earlier shows that there was a genuine need for me to have the means to protect myself.”

Kate tried to keep her face impassive at the mention of Morgan Earp, but she had no idea if she succeeded or not. "This is not going well for Mr. Behan," she said, still keeping her voice down. Emery whispers back, "Perhaps, look at the expressions on the faces of the Jury. Earp has Darla Peacock, Temple Morand, Estaban Fuente and and Rudy Baines eating out of the palm of his hands. But Sherry Winston and that Fritz Meuller both appear to hate him. It's hard to read the other six."

Behan continues to badger Earp for another ten minutes on the details of the five shootings he has admitted to but at no point do any of the details change or provide the prosecutor with any indication that it was pre-planned. Upton calls as his final witness Miss. Josephine Marcus. He asks her about Wyatt Earp’s whereabouts on the 31st of May and she briefly explains that he was with her from mid-morning until into the evening. She also states that the primary reason he had remained in the area was because of her presence in town. Behan opts to not cross-examine her. The defense rests.

Kate looked at the jury and tried to see what Emery saw, but reading people's expressions was not one of her strongest suits. "Well, that was over quickly. I thought the trial portion might drag on a day or two." Shaw whispers back, "Probably better that it didn't, Upton's keeping Earp to only talking about what transpired this month probably shortened it considerably, not to mention greatly helping the case."

 

[Silver Moon]

Chapter Two-hundred-forty-two, “Closing Arguments” , Monday, June 19th, 2:30 P.M.

Jake has a long, refreshing sleep. He wakes, grateful that the denizens of this miserable little town collectively avoided disturbing his rest by shooting it to pieces, blowing it or some new and creative way to interrupt his much needed rest. His pocket watch resting on his nightstand reveals it to be 2:35 in the afternoon. After cleaning in the ceramic wash basin, he decides to clean his pistols. He performs the chore quickly, and methodically. It gave him time to think. He quickly ran through the events of last night in his mind, and what he needed to do before the tournament restarted today. His smile grows slowly, and by the time he is finished it is quite broad.

He dresses in his last clean white silk shirt and black linen trousers, straps on both revolvers, pulls on his duster, and drops his black hat on his head. He takes the deed to the Palace Saloon out of his safe and stows it securely in his shirt. On the way out, he throws a sack of dirty laundry over his shoulder. He takes the round-a-bout to Wong’s chatting briefly with friends and acquaintances along the way.

Again after dropping of his laundry on his way to Chumbley’s office he makes another circuitous route. Neil Cassidy, Travis Calhoune, Charlie & Mary Wong, Wang Li, Laurie Gilson, Pierre Jaquet, Judge Lacey, Eddie Palmer, Henry Weller, plus Zeb & Helen Cook all get short personalized reminder about voting. In that natural talent the he displays, each gets a uniquely tailored reassurance and encouragement to vote, support Emery Shaw and his party, and do go out and convince their friends to do the same. Each is left with a friendly smile and handshake, followed by a carefully crafted trusting look that leaves them to believe Jake is confident they will do the right thing and save the town.

Once he can have a quick minute alone with the diminutive editor, he says, “Hey Shorty, business appears well for you right now. Loads of hot news certainly helps those papers sell. If you have any interest in investigative reporting, check out this address in Salt Lake City.” Jake writes it down for him. “Find out who claims to own it or live there, and look for links to Evan Adair. I suggest you use the telegraph and make it quick. It might provide an interesting story and who knows what else.” Jake gives him a ten dollar bill. “That ought to cover some of your expenses,” he says with a wink. “I will tell you more if you learn anything useful.” As Jake turns to leave he adds, “As usual Adair had some rather nasty things to say about you during the tournament. Oh, and I would not mention any of this to him. You know how he can be, he would likely kill you.”

At Town Hall the clock reaches the hour of 4:00 PM as the Judge calls for closing arguments. John Behan begins by painting a picture of Wyatt Earp as a cold-blooded murderer intent upon revenge. He focuses his closing arguments upon the five men who Earp has admitted to killing, pointing out how Earp was no longer a lawman and was acting as a vigilante, appointing himself as the judge, jury and executioner of those men. He then states that there is no evidence to support Vaughn Palmer being the one who initiated the dynamite explosion and not Earp, who had every reason to want to kill Palmer for embarrassing him and tarnishing his reputation back when Earp was Town Marshall.

He then states “Most of the evidence presented to you to support Earp came from two men, Marshall Berg and Deputy Martin. What you see before you are two corrupt lawmen lying to protect a colleague. They do not want one of their own convicted, Earp is their friend, and these unethical men will do whatever they can to help protect him.” Behan concludes by making a passionate appeal to the jury stating “You now have a historical opportunity to make a statement to this town, county, territory and nation! Let them know that vigilante justice will no be tolerated and that this community will be a place of law.” Kate whispers, "I think you and I have both been vigilantes in the past then," Kate sniffed quietly. "He's stretching the presented facts a little far."

Before heading back to the Lucky Lady, Jake looks at his watch and it says 4:15. He decides to make a quick stop to see his partner, or perhaps former partner, Job Kane. Jake finds Job Kane at Doctor Eaton's Office on Allen Street between the Promise City Hotel and the Promise City Cooper Shop. The shop is locked when he arrives and Job's voice asks who is there. After hearing who Job unlocks the door to let him in then relocks it."

Job says, "I'm still a prisoner here for the time being Jake, but we have some time to chat as the Doctor went back to his house for dinner. He'll be back afterwards. He says that he might need to bring me to his home overnight to keep an eye on my progress but I think that I may have talked him into letting me go to Boston Harker's instead where Bernice can watch after me." Jake replies, "You certainly had a close one, Mr. Kane, I am pleased you pulled through. Let me know if there is anything that I can do while you are recuperating. Tell me though, did Adair lie to me? Did you really sell your share of the saloon?"

Job replies, "Yes and no Jake. Apparently I did over a week ago back but I have had no memory of that until last night, when seeing that impostor suddenly caused the memory to resurface. The same with Bernice, who still does not remember my doing so although I now remember her being present. Chumbley was there, as were Adair and Fisk, and one other man....the one who hurt Ruby, Bernice's late husband's Uncle Colin."

"Mierde." Jake says but does not elaborate. "I had not believed that Adair was telling the truth, otherwise I may have done some things differently." Jake scratches his chin some. "You take care and get healed. One way or another we will figure this out. Is there anything else you learned from the two that were holding you or from the Russian who masqueraded as you that might be useful?" Job replies, "No, they all spoke to each other in a foreign language, Russian I guess."

Back at the Town Hall, Elihu Upton begins his closing argument by addressing the jury and saying “Mr. Behan is correct in what he stated at the end of his closing, you do have a historical opportunity before you to make such a statement. All of you were drawn to jury duty from voter records and you can therefore make that statement at the ballot box tomorrow through your choice of candidates. Today, however, that is not your task. Your job today is to decide the fate of a single individual in regards to ten very specific crimes that he is charged with. You need to consider each charge on its own merit weighting all of what you have heard today.

For the prosecutor this is nothing more than a personal vendetta. I ask that you not make the same mistake and see this as a personal thing. This trail isn’t about whether you happen to like my client or not, about any past favors or indiscretions he might have done. I ask you to ignore the personal matters that the prosecutor has attempted to muddy the waters with and look to the facts.

Please consider the credibility of the people who spoke here today. Mr. Behan in his closing stated that he considers Mitchell Berg to be corrupt. That statement alone shows how little he knows about the man. Behan’s notion of lawmen protecting each other holds no merit. Behan himself is the career lawman, not Berg. Behan has been a Cochise County Sheriff for years while Berg has reluctantly worn a badge for only a few months and is planning to gladly relinquish that badge two days from now.

The evidence has all been put before you. Earp was not in town when Buckley was killed. He was not inside the building when Wicks was killed. He was miles away from Ordway’s mountain when Hunter and Thayer were killed. He had no weapons of any kind on his person and a was still distance off when Palmer was killed, had he been close enough to have harmed Palmer my client would have been blown up too. So Mr. Behan was totally wrong about all five of those indictments, so what makes you think any of his other supposed evidence is correct?

As for the other five who died, Mr. Earp has explained each of those. He had his horse shot out from under him by Ordway who then fired two more shots. He had no choice but to fire back. Bryson and Garvin would have murdered your Town Marshal and a Deputy if he hadn’t acted. And Mr. Earp had good reason to suspect that Deputy Martin and other lawmen would have died if he hadn’t fired upon Norris and Villars. You need to only look back to the riot in late may when the angry mob and lawmen exchanged shots and three people died to know the tension between those two groups. Had Norris, Villars and the other three or four men with them entered Fisk’s house then Chester Martin and his deputies would not have left that building alive. Wyatt Earp is no criminal, he is and always will be a lawman in his blood whether he is wearing a badge or not. I ask you to see that. Thank you.”

Kate says to Emery, "I wonder if Estaban will make it to his own party, these deliberations could take a while." He says, "Indeed, but if that is canceled you are more than welcome to join me and my kin over at Drover's Hotel for one that Vera is throwing." "Thank you, but there'll still be a party for Edwin Booth, which is why I'm going to be there in the first place. Which does not preclude me stopping by to wish Vera good luck.” Shaw states, "Ah, yes, I heard that Edwin Booth was planning to depart. The rumor is that his brother Conrad will be joining him."

Kate says, "And a rumor it is. Conrad has no intention of leaving Promise City, although he may go visit his brother in the near future." Kate tried not to look like she was watching Emery's face when she answered that. And yet she still manages to catch a wave of disappointment wash over his features.

Judge Isby states “I want everybody to remain seated until after Mr. Tomlinson has escorted the Jury over to the Arizona Territorial Office building for their deliberations.” Tomlinson leads the Jury out. Judge Isby says, “Continue to remain seated until the Marshall and his Deputies escort Mr. Earp back to the Town Jail.” They depart as well. The Judge waits until Tomlinson and Deputy Barker both return to say that the people are secured in their appointed places. The Judge pounds the gavel and says, “We are in recess until the Jury has finished deliberating.” The clock now reads 4:30 PM.

Kate tells Emery Shaw, “I need to see Kevin Tomlinson, I hope I can find him." Shaw replies, "They are there, across the room." She sees Tomlinson over by the Judge. Kate says, "I missed him come back from leaving the jury. I was afraid he might have to stay there for some reason." Shaw states, "Well, go see him. Emily and I will see you over at Drovers" "You know, someday there will be a day when I don't have to do anything at all and the earth will stop spinning. I'll be sure to stop by later." Kate smiled at Emily before heading over to Kevin Tomlinson.

After his testimony, Chester had gone back on duty outside Town Hall. As he stood, his mind went back over what he said. Did he answer the questions right, or did he leave things out because he didn't like Behan. Of course the Sheriff could have asked him more questions, but didn't. Plus a couple of those cases were still open and so he couldn't tell every thing. Chester hears Judge Isby pound his gavel signaling the recess. Soon afterward, Kevin Tomlinson leads the jury back to the Territorial Offices. He says to Chester, "Deputy Martin, we're in recess until the jury has a verdict. Where will you be?"

"Chester says, "That was fast. Hmm, I'll probably at the Lucky Lady. They're down to the final table, so I'll be watching that. I'll see you later, Mr. Tomlinson." Helen Barker and Marshall Berg leave with Wyatt a few minutes later, allowing the jury to reach the Offices without seeing Earp. Berg says, "Tomlinson tell you we're in recess?" "Yeah, Marshall. I told him I'll be at the Lucky Lady to watch the tournament. Taking Wyatt back to jail?" Berg replies, "Yep, Eddie's down there to keep an eye on him."

Wyatt looks at Chester, "Thanks for telling the truth on the stand. You really helped me out there, Deputy." Chester says, "I told you I would. You weren't in Fisk's house and Miss Marcus gave you an alibi for Buckley's killing."

Kate say to Kevin Tomlinson, "Do you have a moment for me? I saw Job today and he had a question for you." Tomlinson pulls her aside and says "I have not been able to dispel Turner's influence from him yet as I was waiting for his tournament participation to end first. I will do it once that is done." Kate says, "That's good to know, but this is about Job selling his part of the Lady to Evan Adair. I asked him about it, and he said he's hoped it was a bad dream. He remembers Adair, Fisk, Mrs. Turner, Mr. Chumbley, and Colin Turner being present when he made the sale. It was made under the influence. We were wondering if there is any way to nullify it. Considering what's involved I know it may not be possible."

Tomlinson glances at the clock and says, "Hmmm, almost midnight in London, still early evening in Boston. Let me head over to the Western Union office, I'm sure it is busy there now getting stories out for the reporters. I should be able to contact some of the other members on the Watcher's Council with have solid credentials and could send back documentation attesting to the fact that Colin Turner is a renowned hypnotist and con-artist." Kate says, "That's more than I'd hoped for. At least there would be a chance Job could get it nullified. That's assuming Jake doesn't lose his part to Adair. I'm not sure Job would want to keep his part if the happens. Thank you."

They were already keeping their voices down, but Kate dropped hers further to ask, "When will our young friend receive her invitation?" "That should arrive tomorrow," he replies. He then adds, "Have you reconsidered?" She says, "Reconsidered? No, if you need me, I will go, as I said yesterday. I think I could learn quite a bit myself in London, and I've certainly wanted to go overseas. I would have to make some arrangements, but they shouldn't be an impediment."

Tomlinson replies, "Good, once the invitation arrives we can speak to Mrs. O'Hara together. When were you planning to have the school year end for the summer recess?" Kate says, "I'm not certain. We meet with the Committee for Racial Equality again soon and I'd want to include them in the decision. And after the elections there may be some movement on a public school. But we've only been operating for a month and I'd like to at least have the school go another month before we have a break. I believe 8 weeks is a standard term for small schools out west."

Tomlinson answers, “It could wait for another month then if necessary, there is some of her training that I could continue here in the meanwhile. We could plan on traveling in late July and early August then." Kate states, "That sounds fine to me. I'm sure since I'd be escorting her daughter that Mrs. O'Hara and Mrs. Caudell wouldn't mind keeping on without me, but I would like to be here to finish the first term at the school." Tomlinson heads off to go send the telegrams.

Kate finds herself surprisingly alone for a change. Not quite sure what to do with free time these days, Kate headed out of the town hall. The tournament would start back up at the Lady at 5:30, and then the party later... She went home and packed her small bag and made her way over to Laurie Gilson's. It had probably been more than a week since she'd had a nice, long soak.

She chatted with Laurie about the trial and the election as the bath was drawn, then was left alone to sink into the steaming water. In another month the small swelling of her stomach, just noticeable to her, would be quite clear. She ran her hand along the buldge and sighed. There had been a strange comfort in knowing what would happen then. Diana had turned that on it's ear and now she wasn't sure what to expect.

One thing that would happen, Emery Shaw would quickly lose interest. She had no desire to be causing him pain, but the change in her condition should nip that rather neatly in the bud. What she'd said to Janet was true, any woman would be lucky to win Mr. Shaw's admiration. If they'd become friends sooner things might have been different. She laughed to herself, remembering his obvious fascination with Ruby earlier on.

There was no point in dwelling on what might have been. Not everyone understood it, but Conrad made her ridiculously happy. Kate wasn't even sure she quite understood it, but there was no rule that said love should be sensible. She leaned back to daydream about the future while the water steamed and cooled.

 

[Silver Moon]

Chapter Two-hundred-forty-three, “The Lake” , Monday, June 19th, 1:30 P.M.

Ruby tells George’s housekeeper and friend Alvina "And now for your second job of the day, helping me shop! George says you know all the best stores and I only have a few things packed in my bag so I need a lot. I shipped most of my purchases from my great city shopping spree home. It was just my birthday and that was my gift from one of my friends, wasn't that sweet? I'm not sure how long George wants me to stay but he cleared his schedule for the week so I had better be prepared."

Alvina replies, "He says that you should have enough clothing for the rest of the week, both informal and formal as he plans to take you to the theater and a few very nice restaurants." Ruby says, "Very good! He also said he would take me dancing, so I'd need something for that too. I have a formal gown, he gave it to me as a gift yesterday. Did you see it, it's quite lovely?. Perhaps while we're out I could get him something too, a gift as a surprise. I'll have to see if anything catches my eye. Do you have any ideas for me? Or what about that baseball, is there any of that around here? He seems to like that, maybe we could arrange some tickets."

Alvina says, "Yes, the Rochester Nine play in Hop Bitters Park. They've been together for five years. Mr. Eastman has been to a number of games." Ruby asks, "Would you help me get some tickets then? I'd like to surprise him with them. I don't know anything about baseball really but knowing George I'm certain he could teach me. I don't care, as long as I am with him, I'd do mostly anything."

Al states, "Of course. Most of the stores we are going to are within walking distance of each other so I can have William go see about tickets while we shop. He and Rosey both enjoy a good game of baseball too." They soon reach their destination, a long row of brick buildings displaying the names of the stores. Alvina tells William to go and get the baseball tickets. Before he leaves Ruby pulls him aside and asks him to purchase five tickets to the game.

They then head into Rollins Department Store and go directly to the women's section on the ground floor. Ruby and Al have a good look around before they get to work with their shopping list. The next few hours fly by like a blink of an eye. To Ruby, Alvina is more like a friend or an Aunt she never had, than an employee getting paid to accompany her around. She helps Ruby choose a combination of clothing that should last her more than the week, being able to mix and match blouses, skirts and jackets. They also choose two evening gowns, and new shoes and boots to match all, plus some nightgowns and other accessories.

Ruby talks a little to her about the West and her Saloon but isn't sure how much George wants her to know just yet so keeps quiet about most details. Alvina speaks to Ruby about her daughter and her grandchildren, obviously the joys of her life. Laden with packages and more than a bit tired they head back to Eastman's house. They arrive back at around 4:00 PM. George greets them at the door while Rosey heads out to assist William with the various packages. George suggests that they eat a light meal at the house before heading out and can get a bigger meal later in the evening at a restaurant in town.

She says, "Sounds perfect. Let me just freshen up a bit first." Ruby takes a few minutes and does just that. As must as she loved shopping it was tiring, not just the shopping but all the emotional talk too. Still, she loved having another female to talk to, although it reminded her how much she missed Kate. She reminds herself to write to Kate again as soon as she had the chance. Maybe this time Kate would even write back. After she is done freshening up she returns downstairs to George.

The two of them have a light meal comprised of ham and cheese sandwiches and baked apples. They then head out to the carriage, which William holds the door for. "To the Lake," George tells him. Ruby climbs up into the carriage and waits for George. Once the carriage starts moving she says, "I know you said you have a lot of questions for me. But first..." She moves closer to him put her hand on his cheek and then kisses him softly on the lips. "I thought it was about time."

He returns the kiss and says, "Thank you, that helps to keep things in perspective. I do have some questions though. First of all, there appears to be a number of different types of people who can use wizard magics, wizards, dark wizards, necromancers, sorcerers, bards and illusionists to name the major categories. What type do you practice?" She replies, Oh, I don't really know the differences between all those. I suppose I'd be in the bard category. I can do a little of everything. And sometimes when I sing I can tell it's just... better somehow. Yes, bard I would say."

He asks, "And the types of magics you do. Have you ever attempted to control another person's mind or actions?" Ruby pauses and tries to figure out how to word her response. "Not through magic I haven't although I believe I have the ability to do that. Let me explain something. I'm still learning how to use these... powers... and sometimes, really in the past, things may have happened because I wished them to be. But I am also pretty persuasive when I want to be, I don't need magic to do that. Once I tried to make Jake feel how I was feeling so he could understand. But that didn't go so well, he was afraid and didn't like it, so I said I would never do that again and I didn't."

He asks, "And you've never tried to use magic to influence me in any way? Or make me do something? My cousin seemed to think that you did." "No George, I have never, EVER used magic on you. She takes his hand in hers and looks him in the eyes, "There is something I want you to know. I want the love that I have in my life to be real. It's why I have such a hard time believing in love, because so many times someone has said it to me and it hasn't been real, it was only said in the sad attempt to get me to sleep with them. If I were to use a spell, what would be real about that? The person might believe it for a time but I would always know it was false. And that's not what I want. I want it to be real and true and come from the heart. That kind of love lasts forever.

Your cousin doesn't like me. She thinks you are better than me and that I would not make a good wife for you. She may be right about the wife part, I don't know how to be a wife and haven't really spent much time thinking on that. She wanted to keep us apart and in my opinion, would say anything she had to achieve that goal." He replies, "I know that, my cousin is many things but subtle isn't one of them. But she also make me aware that magic was fairly easy to come by in that part of Arizona and warned me that you might have put a love potion into my drink or something similar to that. I didn't believe that you would do that and still don't. That man that you were with however, Cook, I wouldn't have put it past him to have used magic against me."

Ruby laughs. "George, you've loved me since we were children. That would have to be one super long lasting potion!" She laughs again, "And the thought about Jake is absurd. He's more afraid of magic than anyone I've ever met. He can't use magic like I can. And it's actually not easy or cheap to come by it, no matter where you are. My teacher never liked him either so I doubt he would have helped in that area. So no, I do not think Jake used magic on you. Is there something in particular that you think happened where you were influenced by magic?" He replies, "No, but my cousin went on about that like a broken record and then to hear that you can actually cast magic spells, well, it raised some doubts in my mind that I felt we needed to address."

She replies, "I understand. I would be wary too. I don't want to have any secrets from you and will tell you anything you want to know to make you as comfortable as I can with what I can do. You know, this is why my grandmother was cast out of the family, the very same reason. I truly hope you believe me when I say I haven't used any sort of that stuff on you. That's why... well, that's one of the reasons you've stolen my heart so quickly. I know in my heart that you really love me." Ruby sees that they have left the city proper and are heading in the direction of the large country estate owned by William and Alma West.

Ruby sighs as she catches the sights out the window. "It's been a long time since I've seen this. I'm anxious to see what you've done with the lake. Do you have more questions for me?" He says, "No, only that I would need you to be very discrete about any use of magic here in Rochester, others would not understand." She states, "To be honest, I've mostly only used it when we, my friends and I, have been in danger. That and in the privacy in my own home to do menial tasks." Ruby sees them reach the upcoming fork in the road that leads to her parent's front driveway. The carriage turns right instead, away from the estate and towards the nearby lake. She sits anxiously, still watching out the window, waiting to get to the lake.

They pull up before what had been the summer lake on her parent's property and Ruby's memory is shattered by what she sees before her. The lake is not longer there, just a dry lake bed. Some large ugly black machinery is erected near the beach and out on the dry lake bed she sees dozens of mule-driven plow teams hauling metal plows, with dozens more workers following behind with rakes, raking the freshly upturned soil. About seventy-five feet from shore is an even uglier metal contraption than the one by the beach, which she recognizes from having seen some out west as a derrick used for drilling for oil. The carriage comes to a halt.

"George... what...?" Ruby's trails off. She climbs out of the carriage with her mouth hanging open and stands in front of the dry lake in the same state. When George joins her she squeezes out, "What is going on?" He replies, "I began this project after I returned from Arizona. I
drained the lake and we're now checking the bottom, inch-by-inch. I'm searching for your ring." Ruby's eyes go wide as she looks from George to the lake back to George. "What? All this for my ring? Why?" He says, "Not to hold you to that childhood promise, but so show you my dedication. After I received the note you left for me in Tombstone I knew that I still had a chance. I sincerely doubt that your Mr. Cook would have spent any effort searching for that ring. I wanted to be able to see you again, to hand it to you, and so show you how sincere I was."

She says, "You're right. I am sorry to say he wouldn't look for it or even consider giving it to me, probably the thought of touching it would scare him to death. Maybe that's why he... well, why he left, or is leaving me. And if I'm being honest with you, it was not so long ago that thought was breaking my heart." She pauses, then smiles. "But that is why I'm here with you and not him." Ruby steps towards him, stands on her toes and hands on his face, kisses him softly on the lips. "You don't need that ring to prove anything to me. I already know."

He steps back and reaches into his coat pocket, taking out a folded up sheet of paper. He says "I met with my lawyer today to take care of this." She unfolds it to see that it is some sort of legal document. Before she asks he says, "It is the deed to this property, the land that I purchased from your parents, now signed over from me to you, no strings attached. I still haven't found the actual ring but it has to be out there somewhere, probably under a foot of mud and muck. A hurricane came through this area a few years back which created havoc and probably the ring shifted it to another part of the lake. So while I can't give you the ring itself I am giving it to you indirectly by passing onto you the entire one-hundred-fifty-five acres comprised of the lake and lands immediately surrounding it.

And as for the present condition of the lake, do you see that large oil drill out there? It can dig up to a thousand feet down and the fresh water is down no more than a few hundred feet. Once we start drilling and hit the water it the entire Lake will fill back up again." Ruby can't hide the fact that she is absolutely flabbergasted. Her eyes start to well up with tears as she looks at the paper in her hand. "All this over a stupid twelve-year-old girl throwing an insignificant ring into a lake on a whim. George I-," Ruby can't finish her thought as a small tear rolls down her cheek.

He replies, "Actually, I believe that you were thirteen at the time. And what you do with this now is entirely up to you, it's now yours. I can have the workmen stop searching for the ring immediately if you would like and we can have the lake refilled tomorrow." "Yes, fill up the lake, stop searching for the ring..." Ruby throws herself into George's arms and embraces him tightly. She whispers into his ear, "...You don't need it." He replies, "Well, as I said before, I was never going to hold you to that old promise. And I'm not ready to ask you that question again just yet, but also haven't ruled it out either. Now if you'll excuse me, I need to go talk to my work foreman about the new owner's wishes for the property."

Ruby stands still, in shock, as she watches George walk away. Her mind reeling, her thoughts jumbled and confused. Why was he still not sure about her? In Promise City he wouldn't stop asking her to marry him and now even if she wanted it, he wouldn't. Is that what I really want though? I don't want to get married do I? If not, then why am I here leading the poor boy on like I would do anything for him? Why did you tell him you love him? Ruby wipes her face with her hand and pushes her hair off her face. She knows the answer but can't believe it is suddenly how she feels. Or was it as sudden as she thought? She needed guidance, she needed to be able to talk to someone. At least confirm she had gone crazy. She needed a friend. She wanted to talk to George but at least right now he seemed... inaccessible.

She looks out over the dry lake bed, biting her lip, as she waits for George to return. George spends around ten minutes talking to a tall man wearing work clothes and a fancy silk top hat that appears inconsistent with the rest of his attire. George returns and says, "Okay, it's settled. They'll start to remove the equipment this evening and tomorrow they'll begin refilling the lake. It should look like the way you remember it by Wednesday." Ruby smiles. "Thank you, for all of it. It's very special that you would do all this for me," she says, holding up the piece of paper in her hand. "I'm still in shock that you would think to look for it. So thank you. Maybe we can come back later in the week to see how it looks."

Ruby takes one more look out across the dry bed. "I wonder what happened to it..." she says softly. George replies, "The hurricane mixed up the bottom and deposited it somewhere within the many acres of the lake. I would have found it eventually." Ruby just smiles at him then looks out over the lake, contemplating. Finally she takes George's hand. "Now I'm a new land, well, lake owner, we should celebrate!” He states, “Both actually, the lake and the acres of land surrounding it." She asks, “What would you like to do? As they say, the world is our oyster, we can do anything you want to."

He states, "Assuming that you still do not wish to attend your parent's garden party that is taking place now, we could do whatever you would like." Ruby blinks a few times and considers. "Well...," Ruby summons her courage, "Okay, let's go to the party." "Are you sure?" he asks. "I...I don't know what type of reception we can expect from them." She states, "No, I'm not sure. Not too long ago I never wanted to see them again. And with things between you and I being... well, I don't know what they are... I"m not sure. Maybe we shouldn't. Do you want to?"
He replies, "I have very mixed feelings. I do not want them to do anything that would upset you." She says, “I just don't want them to do anything that would force me to stay here."

She looks at George, "You know, against my will. I can't guarantee they won't do something to upset me, they're pretty good at that. Perhaps we shouldn't." The pause is not very long this time. "Or perhaps it's time to face them." He replies, "Or perhaps we could arrange to meet them some time when they aren't surrounded by all of their society friends. We could invite them to my house for lunch or dinner tomorrow, that would provide a setting that you might be more comfortable in for the inevitable reunion. Also, don't forget, they need you to maintain their lies about where you were for the last five years."

Ruby takes a deep breath in. "That would give them time to...," her voice trails off. She looks out over the lake, exhales and considers. "Alright, invite them for dinner. Tonight would be better, I don't want to be worrying about it too long." She bites her lip. "I can't believe I'm suggesting this. You'll be by my side, right George?" He says, "You ask silly questions. Of course I am on your side, although I am optimistically hoping that the situation will not require it."

Ruby smiles at him. "I just wanted to make sure you'll stay with me." Ruby takes his hand and pulls him to the carriage. "Now I'll need you to distract me so I don't think about it all afternoon. Come on. We can come back to our lake later in the week." He says, "I think I know of a distraction." He heads outside and chats briefly with William. He then returns and they get into the carriage which then departs.