Prisoner
"Joseph
Cartwright, you have been found guilty of the crime of manslaughter,"
intoned the judge solemnly. "Do you have anything to say before I pronounce
sentence?"
Standing
in front of the judge's bench, Joe Cartwright felt as though he had been struck
by a bolt of lightning. Even though he had known what the judge was going to
say, Joe had had a sense that what was going on was unreal, just as he had felt
his arrest and trial were some sort of bad dream from which he would momentarily
awake. Even when the jury foreman had read the verdict of guilty, Joe hadn't
really grasped what was happening to him. But now, listening to the judge, his
situation had suddenly become very real – frighteningly so. Joe's stomach was
churning and he could feel the bile rising in his throat. He looked up at the
judge, who was waiting a bit impatiently for him to reply. Joe swallowed hard,
trying to keep the fear out of his face and his voice.
"Your
honor," said Joe in a voice that quavered a bit, "I'm innocent. I
didn't kill Elizabeth Crowley. I don't know who killed her, but it wasn't me.
This is all a mistake."
Sighing
a bit, the judge looked at the young man standing before him. He hadn't expected
anything but the man's protestation of innocence. In all his years on the bench,
the judge had rarely heard a defendant freely admit to committing a crime, even
after the jury had found the individual guilty, as this jury had done.
"Nevertheless,"
said the judge, looking at the man standing before the bench, "the jury has
found you guilty. They have found that you slapped, pushed or did some other
action which caused Elizabeth Crowley to fall and hit her head against stone
hearth in her room, causing her death. The fact that you ran from the scene, not
offering the victim any assistance, only compounds your guilt."
"I
didn't push her," Joe protested. "I never touched her. When I left
Elizabeth, she was alive and well."
"The
jury has found otherwise," the judge said irritably. He didn't like being
interrupted. Looking down at a paper in his hands, the judge read the words
briefly, then looked up at the young man standing before him again. "In
accordance with the statutes of the Nevada territory, I sentence you to 15 years
in the Nevada Territorial Prison." The judge looked past Joe to the sheriff
standing a few feet behind him. "Sheriff Coffee, you will keep the prisoner
in your jail until such time as he can be transported to the Nevada Territorial
Prison and put in custody of the authorities there."
Reaching for the gavel in front of him, the judge concluded, "This
court is adjourned." He banged the gavel loudly on the wooden disk on the
bench, then laid it down and began gathering the papers up in front of him.
The
sound of the gavel sent another wave of shock through Joe. He flinched at the
sound, as if it had been a gunshot. Joe's eyes were wide and he felt numb. He
wasn't aware of the sudden outburst of chatter from the seats of the packed
courtroom behind him. He didn't sense the three men approaching him, or feel the
hand being laid on his shoulder. Joe was only dimly aware of Roy Coffee standing
before him, raising his wrists and almost gently closing the handcuffs around
them. He heard some words in his ears, and turned in a daze to look at the
white-haired man standing next to him.
"Joe,
this isn't over," said Ben Cartwright to his son in an urgent voice. He
squeezed Joe's shoulder gently with the comforting hand he had placed on his
son. "We'll appeal. We'll find new evidence. Somehow, we'll prove you're
innocent."
Looking
at his father, Joe merely nodded slowly, still too stunned by the judge's words
to answer.
"Ben,
this isn't the place to talk," said Sheriff Coffee quickly. He saw the
people in the courtroom watching, some pointing and others merely staring at the
small knot of men standing before the now empty judge's bench. "Give me a
chance to get Joe over to the jail. You can talk to him there."
For
a moment, Ben didn't answer. He could see the dazed look on Joe's face, the fear
in his son's eyes. Ben wanted nothing more than to hug his son to him and tell
him things would be all right. But he knew the sheriff was right. Standing in
the courtroom with a crowd of gawking people was a poor place to comfort and
offer hope to his son.
"All
right, Roy," said Ben reluctantly. "The boys and I need to talk to
Hiram anyway about the appeal. We'll meet you over at the jail in about ten
minutes." Ben squeezed Joe's
shoulder again, then turned away.
Still
feeling numb, Joe didn't notice the brief pat on the back from his brother Hoss
or the quick press on his arm by his oldest brother, Adam. He felt the sheriff
tugging his arm, and almost stumbled as he turned to walk slowly from the
courtroom with Roy Coffee.
In
silence, Joe let Sheriff Coffee lead him through a side door from the courtroom
and into a small waiting room. Coffee didn't pause, but rather continued to pull
Joe toward a door at the back of the room. Coffee led Joe into an alley behind
the courthouse and began walking with him behind several buildings toward a wide
street ahead. Joe knew the way; it was a walk he had made every day for the past
four days as he had been escorted from the jail to his trial. Somehow, Joe had
believed he wouldn't be making the same trek again. He knew he was innocent, and
he had naively believed that the jury would understand that. Even as he had
listened to the evidence against him, Joe had believed the jury would set him
free.
As
the pair reached the street, Roy Coffee stopped and looked briefly from side to
side. Satisfied that there was no one to threaten his prisoner or to try to take
Joe from him, the sheriff tugged on Joe's arm gently and led the young man
across the street. Coffee hadn't really expected any type of angry mob.
Elizabeth Crowley has been a visitor to Virginia City, barely known by anyone
except Joe Cartwright. The crowds in the courtroom had come to witness a
Cartwright standing trial, and not out of any passionate concern for the victim.
The
sheriff continued to tug gently on Joe's arm as he led the young man into his
office and toward the block of cells. Joe walked without thought to the second
cell, the one that had been his home for the past few weeks while he waited for
his trial. As he entered the cell, Joe suddenly stopped, unsure what to do next.
Reaching
into his pocket, Roy Coffee pulled out a small key and began unlocking the
handcuffs from around Joe's wrists. "I'll give you a couple of minutes by
yourself," said Roy gently. "Your Pa and brothers will be here soon.
You just call out if you need anything."
The sheriff slipped the cuffs off Joe's wrists, then walked behind him.
Roy shut the cell door behind Joe, the metal clanging loudly as the door snapped
closed.
The
clang of the cell door woke Joe from his daze. He looked around the cell,
wondering how he had gotten here. He didn't remember making the short walk from
the courthouse. Taking a few steps, Joe stood in front of a small bucket of
water. He reached down and pulled the ladle, dripping with water, from the
bucket to his mouth. Joe drank the water greedily; his throat felt as dry as a
desert. Then he dropped the dipper back into the pail, causing it to plop softly
into the water. Joe turned and walked over to the narrow bed on which he had
slept for the past few weeks. He sat on the edge of the bed and put his head
down into his hands.
**************
The
door of the sheriff's office burst open and Roy Coffee looked up from his desk,
not surprised to see Ben Cartwright and his other two sons striding into the
office. "Roy, we want to see Joe," Ben announced.
"Sure,"
agreed the sheriff, getting up from the desk and reaching for a ring of keys.
"What did Hiram say?" he asked, referring to Hiram Withers, Joe's
lawyer.
"Just
what you would expect," answered Adam Cartwright, standing next to his
father. "He's going to appeal the conviction, but right now, he doesn't
have much on which to base an appeal. Unless we can find some new evidence,
Hiram doesn't think an appeal will do any good."
"Roy,
we know Joe didn't kill that gal," Hoss Cartwright said in a burst of
words. "Ain't there something you could have missed? Something you
overlooked?"
"Hoss,
I checked out every one who even talked to Elizabeth Crowley while she was in
Virginia City, and went over all the evidence with a fine tooth comb,"
answered Coffee. "There aren't any other suspects. I couldn't find anyone
who even really knew her, much less would want to kill her."
"Roy,
you don't think Joe's guilty, do you?" asked Ben in a surprised voice.
"No,
I don't," admitted the sheriff. "But it's not my job to judge Joe's
guilt or innocence. My job is to gather the evidence, and that's what I
did." Roy Coffee stood before
the Cartwrights and his eyes narrowed. "The judge said Joe is going to
prison, and that's exactly where he's going. I won't stand for anyone trying to
set him loose. If Joe was facing a hanging, I might feel different, but he ain't.
So, unless the judge tells me otherwise, I'm going to keep Joe in that jail
until the prison wagon arrives, and then turn him over to the territory. Is that
clear?"
Sighing,
Ben nodded his head. "We understand, Roy, and we won't cause you any
trouble." He looked over his shoulder to Adam and Hoss. "Isn't that
right, boys?" Adam and Hoss
exchanged a glance, then both nodded slowly in agreement.
"Good,"
said Roy. He noted none of the Cartwrights were wearing holsters. "I'll let
you in Joe's cell." Jangling the ring of keys in hand, Roy turned toward
the cell block, followed closely by the three men.
Joe
was still sitting on the edge of the bed, his head in his hands, as the men
entered the cell block. He didn't look up as Roy Coffee put a key into the lock
and turned it, then pulled the cell door open. Joe didn't show any reaction as
Ben, Hoss and Adam crowded into the cell. The sheriff saw Joe's immobile figure
sitting on the bed as he shut the cell door behind the Cartwrights. He could see
the distress on Ben's face as the man gazed at his youngest son, and noted the
anguish in Hoss' eyes as well as the worried look on Adam's face.
Shaking his head sadly, Coffee turned away and left the four men in the
cell to their shared despair.
Walking
across the small cell, Ben sat down on the bed next to Joe and put his arm
around his son's shoulders. Joe continued to simply sit, head down and body
rigid, the picture of discouragement and misery. "Joe," said Ben
softly, "Hiram is going to start work on the appeal immediately. I'm going
to get an appointment with the governor as soon as possible. We're going to find
some way to get you out of this."
For
the first time since his father and brothers entered the cell, Joe looked up.
"We both know that none of that is going to make any difference," Joe
said to his father in a voice filled with hopelessness. "Without some new
evidence, there's nothing the court or the governor will do."
"Then
we'll find some new evidence," asserted Hoss from where he standing by the
far side of the cell. "We'll keep looking and digging around until we find
out who did the killing. We ask enough questions, we're bound to find out who
the real killer is."
"You
think someone is going to admit to killing Elizabeth just because you ask
him?" Joe said to Hoss in a bitter voice.
Hoss looked down, with an abashed air.
Leaning
against the cell door, Adam studied his youngest brother. He wanted desperately
to do something to help Joe, but was at a loss as to what to do. "Let's go
over it again, Joe," said Adam. "Tell us exactly what happened."
"What
good will that do?" Joe asked, shaking his head. "I've already told
you and the jury and everyone else what happened. We've gone over it a dozen
times."
"Then
we'll go over it again," insisted Adam. "There's something we missed,
something that we didn't think of. Maybe we'll see it this time."
For
a moment, Joe didn't say anything, then he shrugged his shoulders. "Might
as well, I guess," he said in a discouraged voice. "I don't have
anything else to do."
"Start
with when you first met Elizabeth," urged Adam.
Looking
off, Joe said slowly, "First time I saw Elizabeth Crowley, she was in the
general store, trying to buy paint. She couldn't seem to make Harry understand
that she wanted the kind of paint that you use for pictures, not the kind you
use to paint barns." Unconsciously, Joe smiled a bit, remembering the look
of anger and frustration on Elizabeth's face as she had tried to explain to the
clerk what she wanted. Her blue eyes were blazing and her cheeks were growing
rosy. Elizabeth's long, dark hair shook a bit as she stamped her foot. Joe
thought she was the prettiest girl he had seen in a long time.
"Do
you think she deliberately followed you into the store?" asked Adam.
"At
the time, I didn't," admitted Joe. "She came in right after I did, and
walked straight to the counter. I didn't think she even noticed me. But looking
back over everything, I guess maybe she did. When I introduced myself and
started talking to her, Elizabeth seemed interested almost immediately. It
didn't take much to convince her to join me for lunch that day."
"What
happened after that?" Adam pressed his brother.
Shrugging
a bit, Joe answered, "Well, we just started seeing each other. Rides,
picnics, dinners, that sort of thing." He gave Adam a wry smile. "I
thought she was wonderful, and I guess I was feeling pretty good about how much
she seemed to like me. She seemed perfect and I started falling in love with
her."
"A
little too perfect, maybe," commented Adam. "When did you start
suspecting something wasn't quite right?"
Blowing
out a small puff of air, Joe shook his head. "I don't think I ever
suspected anything was wrong about her, " he said. "There were a
couple of times when she said she couldn't see me, but I knew she was painting,
working on the pictures for the show she said was going to happen in New York.
About the only thing that seemed a little odd was how she insisted on meeting
all of you and showing you some of her paintings. I thought she just wanted you
to like her, and to be impressed with her work. I couldn't think of any other
reason why she kept asking me to set something up with the rest of the
family."
"She
was quite charming," admitted Ben. "After meeting her, I thought she
was a lovely girl."
"She
was real nice," agreed Hoss, "and her pictures were really pretty,
too."
Looking
down, Adam remembered the luncheon Joe had arranged, and viewing the paintings
in Elizabeth's suite at the hotel. He had thought the paintings were above
average, but not the quality that would warrant a New York show. But Adam had
kept his opinions to himself, both for Joe's sake and because he understood art
was really a matter of individual taste. After all, he could compare the
paintings of Lake Tahoe and the mountains to the originals, and the Eastern art
crowd didn't have that advantage. All it took was a critic or two to proclaim
the paintings as extraordinary for an artist to become an instant favorite with
the wealthy collectors.
"Tell
us about the dance," said Adam.
"It
wasn't anything special," replied Joe, "just a Saturday night dance at
the town hall. I thought Elizabeth would enjoy it. She seemed to, for awhile at
least."
"Until
she met Mitch Devlin," Adam commented.
"I
guess," said Joe, with a shrug. "I didn't connect the two at the time.
I had introduced her to a couple of people, including Mitch. When she said she
wanted to leave, I thought she was tired or bored. I didn't think her wanting to
leave had anything to do with meeting Mitch. She didn't seem upset or bothered
when I introduced her to him."
"What
exactly did Mitch say to her?" asked Adam.
Looking
off, Joe tried to recall exactly what had happened at the dance. "I
introduced her to Mitch," he said slowly. "I told Elizabeth that he
was one of my oldest friends. Mitch shook her hand, and then he stared at her
for a minute. He asked Elizabeth if they had met someplace before. He said she
looked familiar to him."
"And
she denied it," Adam said.
"Well,
yes but in kind of a casual way," answered Joe. "She said something
like she would have remembered meeting Mitch before, and she was sure she
hadn't. I remember kidding Mitch, telling him that his line was one of the
oldest in the book, and to leave my girl alone. Mitch laughed, but I noticed he
kept looking at her, even after we walked away. I guess Elizabeth noticed too,
because a few minutes later, she said she wanted to leave."
"Tell
us about the night Elizabeth was killed," said Adam.
A
pained look crossed Joe's face and, once more, he lowered his head. His body
slumped a bit. "I don't…do we have to go over that again?" he
mumbled.
Arching
his eyebrows, Adam looked at his father. Ben had been sitting quietly next to
Joe, his armed draped around his son, letting Adam ask the questions. But Ben
knew he would need to encourage Joe in order to get his youngest son to talk
about the night Elizabeth Crowley had been killed. He knew how upset Joe got
every time he thought about that night, and how his son had tried to tell
everyone what had happened while at the same time hating the thought of reliving
that evening over and over. Ben glanced at Adam and gave his oldest son a quick
nod. Then Ben turned back to Joe.
"Joe,"
said Ben softly as his arm pulled Joe toward him a bit. "I know it's
difficult to think about that night. But it's important. It's the key to finding
out who killed Elizabeth. Please, tell us again what happened that night."
Raising
his head, Joe stared at Ben. He blinked as he felt his eyes growing damp. Even
after all these weeks, Joe's memory of what Elizabeth had said to him hurt him
deeply. He remembered feeling angry, but most of all, he remembered the pain
that seemed to cut through his heart. Joe swallowed hard, then nodded his
agreement.
"Elizabeth
and I went to dinner that night," Joe started in a hesitant voice.
"You
had dinner late, right?" interrupted Adam.
"Right,"
agreed Joe. "I met her at the hotel about eight o'clock. Elizabeth had said
she wanted to spend the day painting and I had work to do." Joe looked at
Hoss and gave his brother a small smile. "Hoss had been complaining about
me not doing my share on the ranch, so I thought I'd had better show up at the
branding pen."
"Oh,
Joe, I was just funning," Hoss said in a contrite voice. "I didn't
really mean anything."
"I
know you didn't," said Joe, his smile widening a bit. "But since
Elizabeth said she wanted the day to herself, I figured I might as well put in a
token appearance." Joe's face suddenly sobered. "After dinner, I
walked Elizabeth back up to her suite. When we opened the door, there was a
telegram lying on the floor, like someone had pushed it under the door."
"Didn't
you think that was strange?" asked Adam. "Usually, Frank stops people
at the desk when they're coming in and hands them their telegrams, to make sure
they get them."
"I
didn't think about that," admitted Joe. "I guess I just figured that
Frank thought it was important and slipped it under the door to make sure
Elizabeth got it."
"But
how would Frank know what was in the telegram?" argued Adam. "He
wouldn't have opened it."
"I
don't know, Adam," said Joe in a heated voice. "It doesn't really make
any difference, does it? After all, we know it was a phony."
"You're
right," Adam said in a soothing voice. "It doesn't make any
difference. I'm sorry. Go on. What happened next?"
Taking
a deep breath, Joe looked off toward the small window of the cell. His eyes took
on a far away look, as if he were mentally returning to that evening.
"Elizabeth opened the telegram," continued Joe in a low voice,
"and I could tell right away that it upset her. I asked her what was wrong.
That's when she told me the gallery that had promised to show her paintings was
closing. She had been promised an advance from the gallery and was counting on
selling some of her paintings through them. With the gallery closing, she said
she wouldn't have enough money to live on, much less continue painting.
Elizabeth told me she was going to have to go back to New York right away to see
if she could arrange a showing through another gallery. She wasn't sure how long
that would take. She said she could be gone for a long time."
"And
that upset you," commented Adam.
"Sure
it did," Joe said almost in anger as he turned back to his oldest brother.
"I was in love with her. I didn't want Elizabeth to leave, not knowing if
she would ever come back."
"But
she would have had to go to New York anyway," argued Adam. "She would
have had to have been there for the original show."
Joe's
eyes returned to the small window. "Yes," he replied softly. "But
we had talked about that at dinner. Elizabeth told me she was going to arrange
to have her paintings shipped to the gallery. They would handle getting them
framed and set up, and handle all the publicity about the show. Elizabeth was
going to go back for the opening, and stay only as long as she had to get her
paintings starting to sell. Then she was going to come back. She said she had
fallen in love with the West, and…" There was a catch in Joe's voice.
"And with me."
"And
that's when you offered to give her the money to finance the show," said
Adam.
"Yes,"
Joe answered. "She refused at first, saying she didn't want to take money
from me. But I insisted. I told her I was sure the rest of the family would
agree. I mean, you had seen the paintings, and I knew you really liked
Elizabeth. I was sure you would agree to help finance her show."
"That's
why she had been so insistent on meeting us," commented Ben. "She
wanted to be sure we would be on her side, that we wouldn't try to stop you from
giving her the money."
"How
much did she ask for?" Adam pressed his brother.
"She
said she wasn't sure how much it would take to finance the show," Joe said.
"Probably, at least $5,000, maybe more."
Joe shook his head. "I finally convinced her to take $10,000, to be
sure she had enough. Elizabeth didn't want to take the money, but I was pretty
persuasive," he said in a voice dripping with irony. Joe took another deep
breath. "We agreed to meet at the bank the next day at noon. That was
supposed to give me enough time to talk things over with the family and get them
to agree to the idea."
"And
then you left," Adam said.
"Yeah,
I left," agreed Joe. "Elizabeth said she was tired and upset, that she
wouldn't be good company, so I said my goodbyes and left."
"Where
did you run into Mitch?" asked Adam.
"Right
as I was coming out of the hotel," answered Joe. "He was standing on the porch, waiting for me. As
soon as I came out, he grabbed me and told me that we needed to talk. So we
headed over to the Silver Dollar."
"He
didn't tell you what he wanted to talk to you about?" Adam asked.
"No,"
Joe replied, shaking his head, "not then. He just said we needed to talk
and suggested we go over and get a beer. Mitch and I went to the Silver Dollar,
and got a table and a couple of beers."
"And
that's when he told you about Elizabeth," said Adam.
"Yeah,"
agreed Joe. "Mitch told me he had finally remembered where he had seen her
before. He met her about a year ago over in Silver City. Mitch said that Jim
Broson had introduced her to him. Only her name then wasn't Elizabeth
Crowley."
"Why
did it take Mitch so long to remember?" Hoss asked from across the cell.
Looking
up at his brother, Joe shrugged. "Mitch had met her on the street with Jim.
He only talked with her for a minute or so. He remembered her face, and
recognized her at the dance. It took him awhile to remember when and where he
had seen her before. Mitch told me that the name being different was what
confused him."
"You
didn't believe him, of course," commented Adam.
"No,
I didn't," Joe said, turning to his oldest brother. "I told Mitch he
was wrong, that he had her confused with someone else." Joe looked away.
"I was in love with her, Adam. I didn't want to think that Elizabeth wasn't
who she said she was, that she was playing me for a fool. Even when Mitch told
me that he had heard Bronson lost a bundle of money financing some kind of art
show that never happened, I didn't believe him."
"What
finally convinced you? Bob Talbert?" asked Adam.
"Yeah,
I suppose that was it," Joe said. "When Bob walked in and asked for a
beer, I was still arguing with Mitch. Then I heard the bartender ask Bob why he
wasn't over at the telegraph office. Bob told him that he hadn't much to do
there, since the lines had been down for two days and probably wouldn't be fixed
until at least the next day."
"What
did you do then?" Adam asked.
"I
got up from the table and walked over to Bob," Joe answered, looking off
again. "I made him tell me again that the lines were down. When I said a
friend had just received a telegram, Bob told me that was impossible, that there
hadn't been a telegram received in Virginia City for a couple of days. Then
Mitch walked over. He said he had seen Elizabeth in town earlier that day. She
had been buying a ticket at the stage depot. That's when I knew it was all a
swindle." Joe winced at the memory of the pain he had felt when the truth
had become clear to him, when he realized that Elizabeth didn't really love him.
He had given his heart to a girl whose only interest was getting money from him.
The hurt he had felt stabbed him once again.
"Then
what happened?" asked Adam in a soft voice. He knew Joe was going to have
to relive a very painful moment and he hated asking his brother to do that. But
it was the only chance they had of coming up with something that would save Joe
from spending the next 15 years in prison.
"I
was mad," admitted Joe. "When I finally realized that Elizabeth had
been lying to me all along, I guess I just lost my temper. I walked out of the
saloon and headed back over to the hotel." Joe stopped and his gaze
returned to the window.
Watching
his brother, Adam knew Joe was reluctant to continue. He waited a minute, hoping
Joe would start his story again without any prompting. He didn't want to push
Joe too hard, afraid his brother would simply give up. "Frank, the desk
clerk, said he could see the look on your face when you stormed back into the
hotel," Adam commented in a soft voice. "He testified that you looked
angry."
Turning
to Adam, Joe gave his brother a wry smile. "What Frank said was that I 'had
murder in my eyes'. That didn't exactly help my case."
"What
happened when you got to Elizabeth's room?" Adam asked, hoping that now Joe
had started talking again, his brother would continue.
Taking
a deep breath, Joe looked down at the floor. "I was angry," he
repeated. "I tried the door and it was locked. Then I started knocking on
the door and calling Elizabeth's name. I yelled for her to let me in. I guess I
was pretty loud because even Frank heard me downstairs at the desk."
Knowing
that this was the critical part of Joe's tale, Adam didn't want Joe to stop.
"Elizabeth let you in," he said.
"Yeah,
she let me in," Joe agreed in a low voice. "It took a couple of
minutes of me pounding and yelling, but she finally unlocked the door and let me
in. She must have seen the look on my face because she suddenly seemed scared.
Elizabeth asked me what was wrong. That's when I told her that I knew the truth
– that her name wasn't Elizabeth Crowley, that the telegram was a fake, and
that there wasn't going to be any show in New York. I told her I knew the whole
thing was a swindle."
"What
did Elizabeth say?" asked Adam.
"She
denied it at first," answered Joe. "Said the whole thing was a
mistake, some kind of mix-up. But when I told her what Bob Talbert had said
about the telegraph lines being down, she must have guessed the jig was up.
Suddenly, she changed. She wasn't the sweet girl I had known. Her face, it
became, well, hard. She laughed at me, and said she was surprised that I had
figured it out so soon."
"Then
what happened?" Adam prompted softly.
Once
more, Joe's gaze returned to the window. "I asked her what her real name
was," he said softly. "Elizabeth just laughed again and said it didn't
matter. She walked over to the desk and pulled open a drawer. There was a
whiskey bottle in the desk, and she took it out, along with two glasses. Then
she walked over and sat in the chair. She poured herself a glass of whiskey and
offered me one. That's when I walked over, took the glass from her and threw it
against the wall."
"What
did Elizabeth do then?" Adam asked.
"She
just laughed some more, like my being angry was funny," Joe answered.
"I told her that I was going to have her arrested, and she asked me what
for. She said that I hadn't given her any money so there was nothing the law
could do to her. I guess that's when I got really mad and started yelling at
her. I told her I was going to make sure she got run out of Virginia City, that
her picture would be plastered over every newspaper in the West. I threatened
all kinds of things, most of which I didn't know if I could do. I just wanted to
let her know that I was going to make sure she knew she wouldn't be able to pull
her little fraud on someone else."
"Mrs.
Harris, the lady in the next room, testified she heard the shouting and the
glass break," said Ben. "She said things got quiet after that."
"I
guess I ran out of steam," answered Joe. "Elizabeth just sat in that
chair, listening to me rant and sipping whiskey. I could tell what I was saying
didn't bother her. So I turned to leave. I didn't want to be in the same room
with her any more."
"But
you didn't leave," said Adam.
"No,
I didn't," Joe answered. His voice softened, so that the next words were
almost a whisper, barely heard by the other men in the cell. "I told
Elizabeth that I had fallen in love with her. I wanted her to know how much she
had hurt me; I guess, maybe I wanted to make her feel bad or something."
"What
did Elizabeth say to that?" Adam asked in a voice almost as soft as his
brother's.
"She
didn't say anything," Joe continued in a whisper. "She just shrugged,
like she didn't care. That's when I asked her if she had any feelings for me at
all. She….said she didn't."
As
Ben listened to his son, he heard the same words Joe had said at the trial, and
to everyone who had asked him – a general statement that Elizabeth had denied
any affection for him. Until now, Ben hadn't pressed Joe to tell him exactly
what the girl had said to him. He could tell that Joe had been hurt by the
words, and that repeating them would be painful and embarrassing. But Ben felt
he couldn't allow Joe to skip over that part of his story now, not when his son
was facing 15 years in prison. He wasn't sure that the words would offer any
clues, but he couldn't take the chance that they wouldn't.
"Joe,
tell us what she said," Ben said gently. "Tell us exactly what she
said to you."
Turning,
Joe looked at his father. The pain he felt in remembering Elizabeth's words were
reflected in his eyes. He didn't want to repeat those words; he didn't want to
even try to remember them. "It's not important, Pa," said Joe, shaking
his head.
"It
might be, Joe," Ben replied. "Just tell us. I know it's hard, but I
promise you that this is the only time we'll ask. We have to know, Joe, just in
case she might have said something that will help you."
Looking
down, Joe nodded his head slowly. "When I asked her if she felt anything
for me," Joe said in a voice so low that it could be barely heard,
"she looked surprised. Then she laughed. She called me a boy, a country
bumpkin. She said she must have been a better actress than she thought if I
believed she cared about me. She asked me how I could even think that she could
be happy in such a backwater place as Virginia City. She said she was bored
stiff by the place and…and by me. Elizabeth said she knew what it was like to
be loved by a real man, someone who knew how to take care of her and give her
what she really wanted. She said I…I was just a pathetic boy, pretending to be
a man."
Silence
filled the cell. Adam and Hoss felt sympathy toward their brother, knowing how
much the girl's words had hurt Joe. But Ben's reaction was different. He felt a
rage building in him as he realized Elizabeth Crowley had deliberately tried to
wound his son, how she had used words that she knew would crush Joe. If the girl
wasn't already dead, Ben thought he might have throttled her himself.
Clearing
his voice to end the uncomfortable silence, Adam said, "We figured she must
have had someone who was in on this with her. What Elizabeth said seems to
confirm that."
"Maybe,"
said Ben cautiously. "The girl only said she had been in love with another
man. She didn't say that she was still with him."
"But,
Pa, that had to be it," insisted Hoss. "We know Joe didn't kill her,
and no one else in Virginia City had a reason to want to hurt her. This fellow
must have been with her. He's the one who killed her."
"It
could be," admitted Ben, "but we don't have any proof. Right now, what
we need is solid evidence, not speculation."
"Joe,
what did you do after…after Elizabeth admitted she had no feelings for
you?" asked Adam.
Joe
turned to his brother with a dazed look his eyes. "What did you say?"
he asked, confirming that his thoughts had been elsewhere.
"What
did you do after that?" Adam repeated.
Taking
a deep breath, Joe said, "I was furious, Adam. I don't think I've ever been
that angry in my whole life. I was afraid I might hit her. So I left. I just
turned and walked out."
"Mrs.
Harris said she didn't hear you leave," Ben said softly.
"Well,
I didn't close the door behind me," said Joe. He gave a small, bitter
laugh. "The one time in my life I didn't slam a door behind me, and it's
going to cost me 15 years."
"Are
you sure you didn't raise your voice again?" Adam asked. "Mrs. Harris
testified at the trial that she heard shouting a second time."
"I
didn't say a word, Adam, " Joe asserted. "I just walked out."
"But
Mrs. Harris said she heard Elizabeth shouting something like, 'Joe, don't,
please don't'. Did you say or do anything that might have made her say
that?" Adam pressed his brother.
"No,
I'm sure I didn't," answered Joe, shaking his head.
"It's
like Hiram said at the trial," Ben commented. "Mrs. Harris could have
misunderstood. The word she could have heard might have been 'No', instead of
'Joe'."
"She
seemed pretty sure about what she heard," said Joe. "Besides, even if
she got it wrong, it didn't seem to have made any difference to the jury."
"It's
not enough to base an appeal on," admitted Ben.
"Finish
the story, Joe," Adam said. "What happened after you left Elizabeth's
suite."
"Well,
I was angry," said Joe. "I remember running down the stairs to the
hotel lobby, and out the door. I walked over to where my horse was standing on
the street, and jumped on. I rode out of town as fast as I could and just kept
riding. I thought maybe if I rode hard enough and long enough, I would cool
down. I rode for maybe a hour, then I came home. When I got there, Roy Coffee
was waiting to arrest me."
"And
you never did anything that might cause harm to Elizabeth Crowley?" asked
Adam.
"Adam,
I didn't even know she was dead until Roy told me," Joe answered in a
plaintive voice. "I never touched her. I was angry and upset, but I didn't
kill her."
"We
believe you, Joe," Ben said in a soothing voice. "You don't have to
convince us."
"Frank
said when you came down the stairs the second time, you had a strange look on
your face," Adam said in a pensive voice. "He thought you looked – I
think he used the disturbed."
"Disturbed
is putting it mildly, Adam," Joe said. "I was mad, infuriated by what
Elizabeth had said and what she had none. But I wouldn’t kill her because of
it."
"Mitch
and Bob Talbert both testified that you walked right by them as you came out of
the hotel," added Adam. "Mitch said he called to you but you kept
right on going."
"I
never saw or heard Mitch," Joe said, shaking his head. "I guess I was
too mad. All I remember was walking to where Cochise was tied to a post and
jumping on him. I just wanted to get away from Elizabeth, and I rode out of town
as fast as I could."
"But
it does make you look like you were running away," said Adam.
"I
wasn't running away!" said Joe angrily. "How many times do I have to
say it! I didn't kill her, Adam. I didn't do it."
"I
know you didn't," Adam answered calmly. "I was just looking at things
from the law's point of view." He turned to Ben. "How long did Frank
say it was after Joe before Mrs. Harris came down to ask him to check on
Elizabeth."
"He
said it must have been at least twenty minutes," replied Ben. "Mrs.
Harris testified she heard the second round of shouting and then things got
quiet again. She got worried and decided someone should check on the girl. But
she was afraid to do it herself. So she got dressed and went down to get
Frank."
"Twenty
minutes," said Adam speculatively. "That's a pretty short time for
someone to go into Elizabeth's room, have an argument, kill her and then leave
again."
"It
must have been someone staying in the hotel," Ben said. "We already
decided that. But we haven't been able to find anyone who was staying at the
hotel that night who had any connection to Elizabeth."
"There's
still those three fellows we haven't tracked down," Hoss said. "One of
them might have done it."
"One
of them probably did," agreed Ben. "But we've tried everything to find
them and still haven't been able to locate them. At this point, the trail is
pretty cold."
"One
of the thing that has been tough to get around is the time element," said
Adam with a frown ."We had a hard time figuring how someone could have come
to the room so quickly. But what if he was already there?"
"What
do you mean, Adam?" asked Ben with a frown.
"Well,
Elizabeth admitted to Joe that she had been involved with someone else. Maybe
she was still involved," Adam said, his brow furrowed in thought. "Joe
said she pulled two glasses out with the whiskey. Why would she have two glasses
if she was the only one there? She must have been still seeing this man. Maybe
he was in the suite when Joe came back."
"How
could that be?" asked Hoss. "Joe would have seen him."
"Not
necessarily," said Adam. "Remember, it was a suite, so there was
another room. Joe said it took Elizabeth a few minutes to open the door after he
came back and started pounding on it. Maybe that was because she had to give
someone time to hide in another room."
"And
if he was in the other room, he would have heard the whole thing," said
Joe, nodding. "If he was in this scheme with Elizabeth, he might have
gotten mad that their little swindle was discovered. He could have argued with
her and pushed her, accidentally killing her when she hit her head." Then
Joe shook his head. "But that doesn't help any. We still don't know who
this man was or where he went."
"No,
it doesn't help much," Adam admitted. "But at least, we know what may
have happened."
"That's
not going to be much comfort to me while I'm sitting in a prison cell,"
said Joe in a discouraged voice.
Suddenly,
Roy Coffee walked into the cellblock. "You fellows just about
finished?" he asked. "It's getting toward dinner time, and I want to
get something to eat, as well as bring back something for Joe."
Ben
looked around the cell. He could tell Joe was exhausted, drained by the events
of the day and having to repeat his story again. Adam and Hoss looked tired,
also. Neither of them had slept very well lately, their nights filled with worry
about Joe. Ben decided that it was probably a good idea for all of them to take
a break. As much as he hated leaving Joe in the cell, Ben stood and nodded.
"We're ready to leave, Roy."
As
the sheriff unlocked the cell door to let out the Cartwrights, Ben turned back
to Joe. He put his hand on Joe's shoulder and said, "We'll be back
tomorrow, Joe. Just try and get some rest. We'll think of something to get you
out of here, I promise."
"Sure,"
said Joe in a voice that told his father Joe didn't believe it.
"We'll
see you tomorrow, little brother," Hoss said in a hearty voice as he walked
out of the cell. "You just keep out of trouble, you hear."
Nodding,
Joe tried to smile at Hoss' words. But the smile was a weak effort. Joe knew he
was already in more trouble than he had ever been in his life.
Joe
watched as his father and brothers left the cell, and as Roy Coffee closed the
cell door again, locking him in. Then Joe stretched out on the bed and stared at
the ceiling.
As
Ben walked out of the cell block, he turned to Roy. "How much time do we
have before the prison wagon gets here?" Ben asked the sheriff.
"That's
hard to say," Roy Coffee replied. "I have to send the prison
authorities a telegram, telling them I've got a prisoner for them. If the prison
wagon is already on the road, they'll send a wire to the next town, telling the
wagon to stop here. Depending on where the wagon is, it could be just a day or
two before it shows up."
"A
day or two!" exclaimed Ben in alarm. "Roy, that's not enough time. We
need more time to find the evidence to clear Joe."
"Ben,
I've got no choice," said the sheriff in a stubborn voice. "I have to
let them fellows at the prison know about Joe." Then Coffee's face
softened. "But maybe the wagon isn’t on the road yet," he added.
"If it ain't, then it could be a week or more before they show up
here."
"A
week’s still not very much time," said Adam. "Isn't there some way
you can delay them?"
"No,
I can't," Coffee asserted, shaking his head. "I've got to do my
job."
"Can't
you at least wait until tomorrow to send the telegram?" pleaded Ben.
"Give us at least that, won't you?"
Coffee
looked as his old friend, trying to make up his mind. The sheriff had a keen
sense of duty, but he also had a great deal of affection for the Cartwrights.
"All right," Coffee relented. "I'll wait until tomorrow to send
the telegram. But I've got to send it, Ben. You know that."
"I
know," said Ben with a sigh.
***************
Over
the next three days, a pattern formed for the Cartwrights. Each morning, Ben,
Adam and Hoss would ride into town and visit briefly with Joe, bringing him a
change of clothes or a basket of his favorite foods from Hop Sing. Then the
three older Cartwrights would leave the jail to tend to separate tasks that they
hoped would lead to Joe's freedom. Ben spent time with Joe's lawyer, Hiram
Withers, discussing the appeal and legal strategies. He also sent a message to
the governor, requesting an appointment as soon as possible. Adam continued to
search for the three men who had been in the hotel the night of the killing and
had not yet been found. He sent telegrams, talked with stage coach drivers, and
looked for anyone who might have rented or sold a buggy or horse to a stranger.
Hoss talked with everyone he could find in town, asking them what they might
know about Elizabeth and the night she died.
In
the afternoon, the older Cartwrights would gather again at Joe's cell, to review
what they had learned. Although each man tried to sound positive, all of them,
including Joe, knew their efforts so far had been fruitless. Each day, Joe was
becoming more withdrawn, merely sitting on the bed and listening in silence as
his father and brothers related their activities and tried to make it sound as
if some progress was being made. Joe appreciated their efforts, but more and
more, he was mentally preparing himself for the trip to the Nevada Territorial
Prison.
On
the fourth afternoon, after another day of searching with no results, Ben and
his older sons walked into the sheriff's office. Giving Roy Coffee a brief nod
of greeting, Ben said, "We'd like to see Joe."
Sitting
at his desk, Coffee fingered a small piece of paper. He looked down at the paper
and then back to the Cartwrights. Sighing, the sheriff stood and walked over to
the men standing in his office.
"Ben,"
Roy Coffee said slowly, "I got a telegram. The prison wagon is going to be
here tomorrow morning."
"Tomorrow!"
said Ben in dismay. "Can't you delay them?"
"No,
I can't," said the sheriff, shaking his head. "And even if I could,
what good would it do? I know you and the boys have been looking for new
evidence and haven't found anything. Another day or two isn't going to make much
difference."
Looking
down, Ben had to agree with Coffee about their lack of results. "I know we
haven't found anything yet, but we could turn up something today or tomorrow, or
even next week."
"And
if you do, I'll be the first one to contact the prison authorities to get Joe
out of there," stated Coffee. "But I can't keep Joe here indefinitely,
hoping you'll find something. The judge ordered him sent to prison and that's
what I have to do." The sheriff shook his head, and added sadly, "I'm
sorry, Ben."
Silence
filled the office as Ben swallowed hard, then looked over his shoulder to Adam
and Hoss. Their faces looked as stricken as he was sure his did. All of them
knew it was possible, even probable, that Joe might go to prison. But facing the
reality of it was a crushing blow to the three men.
"Does
Joe know?" asked Ben softly as turned back to face the sheriff.
"Yes,
I told him a little while ago," replied Coffee. Once more, the sheriff
shook his head. "He didn't say a word, Ben. Joe just nodded and then went
to look out the window. He's been standing there ever since."
"Let
us in to see him, Roy," said Ben.
Nodding,
Coffee led the way to the cell block, keys in hand. As the sheriff had
described, Joe stood in the cell with his back to the door, staring out the
small window. He didn't turn as Coffee unlocked the door and let the three men
into the cell. Joe showed no reaction as the cell door clanged shut.
"Joe,"
Ben said softly, "Roy told us the prison wagon will be here tomorrow. I'm
sorry, son."
For
a moment, Joe didn't say anything. Then, continuing to stare out the window, he
remarked, "You know, it's funny. I grew up in this town. I should know it
by heart. But now, all of a sudden, I can't remember it like I want. I can't
remember if the dress shop is next to the candy store or the boot maker's shop.
I've been staring out this window, trying to see Virginia City, trying to make
sure I have it right in my mind. I don't want to forget what it looks
like."
"Joe,
you'll see it again soon enough," said Hoss, trying to comfort his brother.
"Fifteen
years is a long time," said Joe, still not turning around. "A town can
change a lot in that time. I probably won't even recognize it."
"It
won't be fifteen years, son," stated Ben. "It may be a little while
before you see it again, but not fifteen years."
"The
Ponderosa probably won't look the same either," continued Joe as if he
hadn't heard Ben's remark. He continued to stare out the window. "I wonder
if the lake will look different. The strand of trees we planted last spring will
probably be full grown by then."
"Joe,
you'll be home before those trees begin to even sprout," Ben said firmly.
Turning,
Joe looked at his father and brothers. "Pa, it's time to stop
pretending," he said softly. "It's going to be fifteen years before I
see the Ponderosa again. I'll be 37 years old when I finally get to sleep in my
own room again."
Ben,
Adam and Hoss stood silently in the cell, unsure what to say. Their continuing
assertions that they would find new evidence and free Joe seemed hollow and
false right now. None of them wanted to admit to what Joe had seemed to accept
– that the youngest Cartwright was going to be taken away from the land and
the family he loved.
"Joe,"
Adam said finally, "you know we're not going to stop looking for some clue,
some evidence that will prove you're innocent. You have to believe that. We're
not going just forget about it."
"I
know, Adam," Joe said. He swallowed hard. "But it's time to face the
facts. I'm going to prison and there's nothing you can do about it. You need to
go on with your lives."
"Joe..,"
Ben started.
"Pa,
I don't want you to give up everything for me," interrupted Joe.
"You can't spend the rest of your lives looking for something that
may not exist. Elizabeth Crowley has ruined my life. I don't want her to ruin
yours too."
"You
can't expect us to just pretend like this ain't happened," protested Hoss.
"We
have to keep looking, Joe," added Adam. "It's our only hope of finding
some new evidence."
"What
you have to do is go back and run the ranch, just like always." Joe blinked
several times as he felt his eyes growing damp. "I want to have someplace
to come home to."
"Don't
worry, Joe," said Hoss, his eyes growing moist like his brother's,
"The Ponderosa will be ready and waiting for you. I'll make sure of
that."
"Joe,
I have an appointment with the governor next week," said Ben. "Even if
he won't grant a pardon, maybe I can convince him to reduce your sentence."
Shaking
his head, Joe said, "I'm not going to count on it."
"Going
to that prison isn't going to be easy, Joe," cautioned Adam. He hesitated,
then continued. "Even though the Reform Committee brought in a new warden
and tried to clean things up, that place is still a hell hole."
"I
know, Adam," agreed Joe. "Roy and I have talked a bit about it. I know
it's no picnic. Going there scares the hell out of me. But I'll get through it
somehow." He gave Hoss a shaky grin. "Knowing the Ponderosa will still
be there, waiting for me, will help."
"Is
there anything we can do for you?" asked Adam.
"Besides
getting me out of here?" Joe
answered dryly. "Yeah, there is. Roy has my hat, jacket and gunbelt
someplace. I'd appreciate it if you would take them home for me."
"We'll
get 'em, Joe," Hoss said. "We'll take your things home and keep them
safe for you."
"Thanks,"
Joe said. "You'll need to take care of Cochise for me, too. Make
sure he gets plenty of exercise." A
stricken look crossed Joe's face, as if a thought just struck him. "I
guess, in 15 years, Cochise will be…be a really old horse,"
Joe said softly. He gave a long look to his father and each brother in
turn. "I guess a lot of things could be different in 15 years," he
added in a whisper. Abruptly, Joe turned to look out the window again.
Silence
filled the cell as Joe's unsaid fears hung in the air. Each of the older
Cartwrights knew this was not a time for platitudes or easy reassurances. But
none of them could seem to find words that would ease Joe's apprehensions. With
his back to them, none of them could see that Joe had his eyes tightly closed,
or know the look of anguish on his face.
Finally,
Ben stepped forward and put his arm around Joe's shoulders. "Joe, you can't
give up hope," he said. "No matter what happens, you can't forget that
you'll always have a family that loves you and cares about you. We know you're
innocent, that none of this is your fault. Don't blame yourself for what's
happened. You're a victim of someone else's crime, just as much as Elizabeth
Crowley was."
Turning
his head, Joe looked up at his father. His eyes were moist and red. Slowly, Joe
nodded his head. Then he turned to look out the window again. "I wish I had
never seen Elizabeth Crowley," he said bitterly. "I wish she and her
paintings had never come to Virginia City."
At
then mentioned of the paintings, a startled look flickered across Adam's face.
His eyes narrowed a bit and his brow furrowed. "Joe," he asked slowly,
"what happened to Elizabeth's paintings?"
Turning,
Joe looked at his brother, surprised at the question. "I don't know,"
he said. "I never asked. Maybe Roy knows. It's not important, is it?"
Adam
looked thoughtful for a moment, then shook his head. "No, it's not
important," he said. But a small frown lingered on his face.
The
jingling of keys announced Roy Coffee's entrance into the cell block.
"Ben," the sheriff said, "I think maybe it's time for you and the
boys to leave. The word is out that the prison wagon is coming in the morning.
There's a crowd of people starting to gather outside, waiting to see what you're
going to do. I'm afraid if you stay here much longer, they're going to think
something is happening."
"Let
them think what they want," Ben said angrily to Coffee. "I don't
care."
"No,
but I do," replied the sheriff, not offended by Ben's tone. "Some of
those boys get to drinking and talking, and there could be trouble. I'm not too
keen on the idea of shooting at a mob trying to storm my jail. And if bullets do
start flying, there's no telling what could happen. I'm asking you to leave as
much to protect Joe as I am anything else."
Looking
down, Ben understood Coffee's concerns and knew the sheriff's fear were
legitimate. He had seen mobs before and knew how quickly things could get out of
hand. A drunken mob had been known to take the law into their own hands and mete
out their own form of "justice", only feeling remorse when they
sobered up.
"If
things are going to get ugly, maybe we ought to stay here with Joe," Hoss
suggested.
"Things
will only get ugly if you do stay," replied Coffee. "If that crowd
sees you get on your horses and ride out of town, they'll be satisfied. The best
thing for everyone is for you to leave." He looked at the men in the cell.
"I'll give you a little time, but don't stay too long." Coffee turned
and walked out of the cellblock.
Putting
his hand on Joe's shoulder, Ben squeezed it reassuringly. "Joe, we'll come
by in the morning before you leave," said Ben. He tried to smile but it was
a poor effort. "We'll bring you the best breakfast Hop Sing can make. We'll
be here when…when they come for you."
Joe
looked at his father, and then to Adam and Hoss. He was silent for a minute, as
if trying to make us his mind about something. Then he said, "No, don't
come in the morning. I want to say goodbye now."
"Joe…"
started Ben in a surprised voice.
"Pa,
I don't want to say goodbye in front of some prison guard or with half of
Virginia City watching, " Joe said firmly. "Let's say…what we have
to now, and get it over with." Joe didn't add that he wanted the night to
steel himself, to turn himself into a hard, unfeeling human being who would be
able to survive the ordeal ahead of him.
"If
you're sure that's what you want…" Ben said doubtfully.
"It's
what I want," said Joe He swallowed hard. "I appreciate everything
you've tried to do for me," he added in a choked voice. "But now, it's
time we all faced the truth. I'm going to be taken away in the morning. So let's
say goodbye now."
There
was a sudden awkwardness between the men in the cell. No gesture seemed adequate
or words seemed sufficient to express the emotions each of them were feeling.
None of them seemed to know what to say or do to convey their feelings. Finally,
Adam walked over to Joe and put a hand on each of his brother's shoulders.
"You
take care of yourself, Joe," he said in a soft voice. "Just do what
they tell you and don't cause any trouble." He grinned. "Don't try any
of your silly tricks. They won't work on those prison guards any better than
they worked on Pa or me."
"You
mean, you don't think they'll appreciate me dumping a pail of water on them or
trying to sneak out to go to town?" answered Joe, giving Adam a small
smile.
"I
mean exactly that," said Adam, continuing to smile. He moved his right hand
to Joe's neck and rubbed it. "Be careful, Joe," he said, his voice
softening. "We want you home safe and sound. I'll miss you and your stupid
tricks." Adam cuffed Joe
lightly on the neck. The two men stood for a minute, just looking at each other.
Then Adam abruptly turned away and walked to the front of the cell.
Hoss
glanced at Adam, then strode purposefully across the cell to stand in front of
Joe.
"Goodbye,
little brother," he said a voice full of emotion. "Things ain't going
to be the same around the Ponderosa while you're gone. I'm gonna miss you."
"I'll
miss you too, Hoss," said Joe. He blinked as he could feel the tears
growing in his eyes. "Take care of Cochise for me, and tell Hop Sing I said
goodbye. Tell him I'll probably think of him every time I eat what passes for
food at that place."
Nodding,
Hoss suddenly reached out and enveloped Joe in his massive arms.
As he pulled his brother to him in a hug, Hoss whispered, "Take
care, Joe." He patted his younger brother lightly on the back.
The
two men hung on to each other for a moment, then separated. Joe sniffed and ran
his hand quickly across his nose. "Goodbye, big brother," he said
softly. Hoss nodded and turned away, unable to say anything else. He walked
slowly across the cell.
Turning
expectantly to his father, Joe waited for Ben to walk across the room. Ben stood
in the corner of the cell, unable to move. He felt somehow if he didn't say
goodbye, Joe wouldn't be able to leave him. Ben knew that it was a foolish
thought, but he found it almost impossible to make himself move to his youngest
son. Finally, Ben took a deep breath and forced himself to walk to Joe.
"Son,
if there was any way I could take you're place, I'd do it," said Ben.
"I'd give anything if I could spare you from this."
"I
know, Pa," said Joe, nodding. "Don't worry. I'll be all right."
"I
know you will," agreed Ben. He felt a lump in his throat. "We'll come
see you. I'll figure out some way to make sure we can get in to visit."
Ben's voice cracked and he knew it was impossible for him to say anything else.
Ben reached out and hugged Joe to him. Joe wrapped his arms around his father in
return. The two clung to each other almost desperately.
Standing
near the front of the cell, Adam and Hoss looked down, unable to watch the
emotions overcoming the two men a few feet away. The moment lingered, then Adam
raised his head and called out, "Roy, we're ready to leave."
Ben
and Joe were still holding on to each other as Roy walked into the cellblock.
The sheriff looked at the scene in the cell, then silently bent to unlock the
door.
As
they heard the cell door open, both Ben and Joe knew the moment they had dreaded
was finally here. They both were aware that prolonging their goodbye would only
be agonizing, but neither seemed to want to let the other go. Ben whispered in
his son's ear, "You'll always have a family that cares for you, Joe. Don't
ever forget that" He ran his
hand over the back of Joe's head. "I love you, son."
Dropping
his arms, Joe pulled back. He could feel the tears on his face but didn't bother
to brush them away. "Goodbye, Pa," he whispered.
"Goodbye,
son," Ben said. He turned
slowly and walked to the front of the cell. The door was open; Adam and Hoss
were already standing outside the barred room. Ben walked slowly to join his
older sons. As Ben exited the cell, Coffee closed the door behind him, snapping
the lock shut.
Standing
in the middle of the cell, Joe simply looked at his father and brothers. He gave
them a last reassuring nod, then turned away. Joe raised his head to look at the
ceiling as he took a deep breath. He moved to the back of the cell and stared
out the small window, not seeing the view on the other side of the bars.
The
Cartwrights knew it was time to go. They followed Roy Coffee out of the cell
block and into his office. No one spoke until they reached the sheriff's desk.
Then Coffee said simply, "I'm sorry, Ben."
"I
know you are, Roy, " answered Ben. "It's not your fault."
"You
know if there was anything I could do inside the law for Joe, I'd do it,"
continued Coffee. He shook his head. "There's just nothing I can do."
"We
understand, Roy," Ben said.
"Roy,
Joe said you have his jacket and things," Hoss said. "We'd like to
take them home for him."
"Sure,
Hoss," said the sheriff. He walked across the office to a small cabinet and
pulled open a drawer. Reaching into the drawer, Coffee pulled out a tan hat,
green jacket and brown leather gunbelt. Closing the drawer with his hip, the
sheriff turned and held out the items to Hoss. "Here you are."
"Thanks,"
said Hoss, walking across the office. He took the hat, jacket and gunbelt from
Coffee. For a moment, Hoss stared at the clothing and belt, then sighed.
"Roy,
what happened to Elizabeth Crowley's things?" asked Adam as he stood near
Roy's desk.
"Her
things?" said Roy, surprised by the question. "We put her clothes and
other personal belongings in a trunk we found in her room. I've got them locked
up in the storeroom in the back. I went through them, Adam. I looked at
everything. There wasn't anything in there that might help Joe. Nothing that
indicated who she really was or where she was from."
"What
about the paintings?" Adam asked. "What happened to them?"
Frowning,
Roy said, "Now that you mention it, Adam, there weren't any paintings in
the room. I know Joe said she was a painter, but I didn't find any pictures in
her room."
"Do
you know if she stored them someplace else?" Adam pressed the sheriff.
"I
don't think so," replied Coffee. "I talked to just about everybody in
town. If someone had those pictures or were holding something for her, I'm sure
they would have told me."
"What
are you getting at, Adam?" asked Ben.
Turning
to his father, Adam said, "I didn't want to say anything in front of Joe
because it might be nothing. But if the paintings on gone, whoever killed
Elizabeth Crowley might have them. He can't run his little scheme now, and if he
needs money, he might try to sell them. If we can find the paintings, we can
find the man who was with Elizabeth that night."
"You're
right, Adam," said Ben in an excited voice. Then suddenly, his voice grew
doubtful. "But how do we find them?"
"He
probably wouldn't try to sell them around here," said Adam, looking
thoughtful. "Someone might suspect something. And I don't think the
paintings were good enough for a San Francisco gallery. My guess is he would try
to sell them to a small shop, or maybe to an individual."
"Well,
then we're back where we started," Ben said in a discouraged voice.
"We can't check every store and ranch west of the Rockies."
"No,
but we can send some telegrams," said Adam. "We can wire stores in
towns like Stockton and Sacramento, and ask them to let us know if someone tries
to sell them a painting of Lake Tahoe or the Nevada mountains. We could send
letters to some of the bigger ranchers, too. If this man is going to sell the
paintings, he won't bother with anyone who can't afford to pay him a pretty
decent price for them."
"I'll
see if I can get the newspaper to run an article on the missing paintings,"
said Ben, his voice rising with excitement again. "I'll contact my friend
who's the publisher in San Francisco, and ask him to run an article in the paper
there. Maybe he can use his contacts to get the story in some other
papers."
"I'll
send wires to sheriffs I know in the bigger towns," added Roy Coffee,
getting caught up in Adam's idea. "Maybe they'll know of someone who is
carrying around some paintings."
"Good
idea," agreed Adam. "The thing to do is to get the word out to as many
people as possible. Someone, somewhere is bound to spot the paintings
eventually. If we can find them, we can pick up the trail of the man who was in
Elizabeth's room that night."
"Do
you think this will work, Adam?" asked Hoss.
"I
don't know," Adam admitted, shaking his head. "But right now, we don't
have anything else to go on. It's worth a try."
"Let's
get home and make up a list of who to contact," suggested Ben. "We can
start sending telegrams and letters tomorrow. I'll talk to Charlie Groggins over
at the Territorial Enterprise then also."
"You
boys coming in the morning to see Joe before he goes?" asked Coffee.
Glancing
at Adam and Hoss, Ben shook his head. "No, Roy,"
Ben answered. "Joe doesn't want that. We've said our goodbyes."
Coffee
nodded, suspecting that was the case when he saw the raw emotion exhibited by
the men in the cell. "That's probably a smart idea," said the sheriff.
"Joe will be better off if he doesn't have to see you as he's getting to
that prison wagon."
Turning
away, Ben said, "I suppose."
A
sudden realization struck Adam. "Joe won't see us, but you'll see him
tomorrow, won't we?,” Adam said to his father. "That's why you said we'll
send the telegrams and letters tomorrow."
Shrugging
a bit, Ben simply answered, "There are a lot of places where someone can
stand and see this office without necessarily being noticed."
Smiling,
Adam said, "Yeah, and I'll bet you know everyone of them."
"Ben,
I don't want to rush you," said Coffee, "but that crowd outside is
still growing. I think it's time you boys walked out of here, got on your horses
and rode out of town."
"We'll
go," said Ben reluctantly. He glanced toward the cell block. "Let us
know if Joe needs anything."
"I
will," agreed Coffee. "And I'll get working on the wires to those
sheriffs."
In
the cell at the back of the sheriff's office, Joe watched out the window. He had
told himself it was time to stop thinking about his family and to start turning
himself into the hardened individual he needed to become. But he couldn't stop
watching out the window, keeping his gaze fixed on the narrow bit of the main
street he could see from his cell. He watched and waited until he finally saw
three familiar horses flash by, riding slowly down the street. Even after the
horses were gone from his view, Joe continued to stare out the window, wanting
to make sure they didn't return. Finally, Joe turned away from the window and
walked over to the bed. He sat on the edge of the bed, and squeezed his eyes
closed, trying to force the pain of separation out of his body. Then he
stretched out on the bed and stared at the ceiling.
*********************
Under
a bright moon, the cowboy walked from the bunkhouse to the main house of the
Ponderosa. The man was nervous, wondering why the Cartwrights had told the
foreman they wanted to see him. As he stood in front of the door, the man
removed his hat and nervously ran his fingers through his sandy hair, all the
while trying to think of anything he might have done wrong or would cause one of
his bosses to be upset with him. He
had been on the Ponderosa about eight months, and he thought he had been doing a
good job. At thirty, the man was young enough to find another ranch on which to
work but he didn't particularly want to leave the Ponderosa. He liked the ranch,
the men he worked with, and his bosses. The pay was good, and the Cartwrights
never asked their hands to do anything they weren't willing to do themselves.
Unable to come up with anything that might cause him to be in trouble, the
cowboy replaced his hat. He took a deep breath, reached for the knocker on the
door, and rapped it loudly against the wood.
Almost
immediately, Adam Cartwright opened the door. "Hello, Ed," said Adam
in a sober voice. "Thanks for coming." He pulled the door wide, inviting the cowboy into the house.
Ed Stevens nodded at Adam and then walked into the main room of the ranch house.
Standing
nervously just inside the door, Stevens could see Ben Cartwright sitting in a
red chair near the fireplace, as well as a bright fire burning in the hearth.
Hoss Cartwright was sprawled on the sofa, his large frame taking up about half
of the long piece of furniture.
"Come
on in, Ed," said Adam, coming up behind Stevens. He gestured toward the
fireplace. Stevens walked slowly behind Adam, pulling his hat off his head. He
folded the edges of the hat in his hands, still apprehensive about the summons,
as he walked to stand next to the sofa. Adam walked over to a blue chair near
the stairs and sat down.
Turning
to look at Stevens, Ben said, "Sit down, Ed. Can I offer you a drink or a
cup of coffee?"
"No
sir, thanks," replied Stevens, puzzled as to why he was being treated as a
guest. Nothing in way the Cartwrights said or acted indicated they were upset
with him, but Stevens still couldn't guess why they had wanted to see him.
"If you don't mind, sir, I'd just as soon stand."
Nodding
his agreement. Ben said, "Ed, you've been in prison…."
"Five
years, Mr. Cartwright," interrupted Stevens. "I told you about it when
I signed on. It was stupid, what I did. Some fellows talked me into helping them
while they tried to rob a Well Fargo office. All I did was hold the horses, but
I got arrested with the rest of them when the sheriff caught them in the middle
of trying to open the safe. Judge gave me five years. I served my time, and I
ain't been in trouble since."
"I
know all that, Ed," said Ben in a calming voice. "We're not accusing
you of anything." Ben turned to look into the flames of the fire for a
minute, then turned back to the cowboy. "You've heard about what happened
to Joe, haven't you."
"Yes
sir," replied Stevens, a glimmer of why he had been asked to the house
starting to come to him. "The boys have been talking about it in the
bunkhouse. None of us think he killed that girl."
"We
know Joe is innocent," agreed Ben, "but unfortunately, we haven't been
able to prove it." He took a deep breath. "The prison wagon is coming
to pick up Joe in the morning."
"I'm
real sorry to hear that, Mr. Cartwright," said Stevens in genuine sympathy.
He liked Joe, as he did the other men who ran the Ponderosa. And he had seen how
close the Cartwrights were as a family. Stevens could guess that Joe Cartwright
being hauled off to prison was painful for all of them.
"We've
been talking about what we might be able to do to help Joe until we can get him
released," said Adam from across the room. "Frankly, we're not sure
what might help him. We thought that with your, well, experience, you could tell
us what to do, as well as what not to do."
"We've
heard how bad that prison is," added Hoss in a grim voice. "We figured
there must be something we could do to make things easier for Joe while he's
there."
"It's
pretty bad," agreed Stevens, understanding fully now why he had been
summoned to the house. "The first couple of years I was there, it was hell.
The guards would beat you for no reason, the food was rotten and you had to
watch your back all the time, to make sure someone didn't stick a knife in
it."
As
Stevens spoke, he could see Ben Cartwright wincing. "But things got a lot
better the last year I was there," added Stevens quickly. "They
brought in a new warden and he cleaned things up. He got rid of the worst
guards, and we started getting some decent food. They made some new rules and
anyone who got caught causing trouble ended up in solitary. It weren't no walk
in the sun, but at least a man could figure on doing his time and getting out of
there in one piece."
"I
know the warden slightly," said Ben. "I was on the committee that
hired him and gave him the direction on improving conditions. I thought maybe I
could ask him to give Joe some special consideration, to make things easier for
Joe while he's there."
"Don't
do that, Mr. Cartwright," advised Stevens in an earnest voice. "That's
the worst thing you could do for Joe." The cowboy looked down for a minute,
struggling to find words which would explain prison life to the Cartwrights."
"There's
a kind of pecking order among the prisoners," said Stevens, looking back to
Ben. "The ones that have been there the longest, or who are the toughest,
they sort of decide who does what. They get some of the easier work, and first
crack at things like new clothes. If the warden were to treat Joe special, he'd
end up jumping the line, so to speak. The other prisoners would resent that and,
well, they could make it pretty rough for him."
"So
Joe would be better off just being one of the crowd," suggested Adam.
"Probably,"
said Stevens, nodding. "Joe's a smart kid. He'll figure out how things work
in there pretty fast." Stevens gave the Cartwrights a small smile. "I
did and I'm not the brightest guy. It'd be better to let Joe work out his own
way of handling things."
"Is
there anything we should send him?" asked Ben. "Anything that he might
need or could use to make his life easier?"
Cocking
his head, Stevens considered the question. "Getting mail in there is kind
of spotty. Even though they got rid of some of bad guards, things still tend to,
well, disappear. The first couple of years I was there, nobody got any of their
mail. The last year or so, the letters were getting delivered but not much
else." Stevens shook his head. "Not that there were many of us who had
somebody who would write to them."
"That's
another thing," said Ben. "We were trying to decide about what to
write to Joe. We were wondering if we should tell him what's going on at the
ranch or in town." Ben look away. "We don't want to upset him, though,
or make him feel worse about being away."
Again,
Stevens hesitated before answering. "There was a fellow in prison when I
was there," he said slowly. "A farmer or something. I forget exactly
what he had done. Stole something I think. Anyway, his wife used to write him
every day. She'd tell him about their kids, what they were doing in the school,
what happened during the day. You know, just kind of ordinary things like that.
But she'd write him every day. We used to make fun of the fellow, getting so
many letters. But we were a little jealous of him, too, having someone who cared
that much about him. The thing is, when he got out, it was like he hadn't missed
much. He knew what had happened with his kids, how his farm was doing, and all
about his neighbors. It sure made things easier for him to go back to his old
life."
"And
the letters didn't upset him?" asked Ben in surprise.
"Well,
sometimes they did, like when one of the kids were sick and he couldn't be with
them," admitted Stevens. "But most of the time, he looked forward to
getting them. He said it was like being able to spend a little bit of time at
home every day."
Nodding,
Ben said, "Yes, I can understand how he might feel that way." Ben
looked at Adam and Hoss. "I think Adam's idea about one of us writing Joe
every day might be the right thing to do."
"I
know how much I looked forward to getting letters while I was in Boston,"
Adam said.
"Will
Joe be able to write us back?" Hoss asked Stevens.
"When
I left, they were letting prisoners send letters once a week," replied
Stevens. "Not too many had anybody to write to, but a few did. Anybody who
had a family would write, if they knew how, although there wasn't much to say. I
wouldn't be too worried if Joe's letters are pretty short. He's not going to
have a lot to tell you."
"All
I want to know is if he's all right," said Ben in a grim voice.
"There
must be some way we can get in to see him," said Adam. He turned to
Stevens. "Did they let the prisoners have any visitors?"
"Usually
only their lawyer, if they had one who would bother to come see them,"
answered Stevens. "Sometimes, some sheriff would come and ask questions. I
don't remember anyone getting to just visit, but they might let you in if you
had some legal stuff you had to discuss with Joe."
"We'll
have to work on that one," said Ben. "Maybe we can find something to
do with Joe's case that we'll need to cover with him." Ben looked at
Stevens. "Is there anything else you can tell us? Any other advice you
might offer that would help us help Joe?"
Looking
down, Stevens thought for a minute then shook his head. "I'm sorry, Mr.
Cartwright," he answered, his voice full of regret. "I can't think of
anything that might help. The men in that prison, they just have to do their
time. There's nothing anyone can do about that."
Getting
to his feet, Ben walked over to Stevens and offered the cowboy his hand.
"Thank you, Ed," he said. "We appreciate your talking with
us."
Surprised
at being offered a hand, Stevens quickly shook it. "I didn't do much,"
he said. "If I think of anything that might help Joe, I'll let you
know."
"We
would appreciate that," said Ben.
Stevens
turned and took a few steps toward the door, then stopped. He turned back to the
Cartwrights. "I wouldn't worry too much about Joe," said Stevens in a
comforting voice. "He's a tough kid. He'll be all right in there."
"I
hope so," said Ben softly.
Nodding,
Stevens turned and walked back to the door, He slipped his hat back on his head,
pulled open the door, and walked out into the night. Ben stood staring at the
door as it closed behind the cowboy.
"Ed's
right, Pa," said Adam. "Joe knows how to take care of himself. He can
be pretty tough when he needs to be."
"That's
what worries me," said Ben, still look at the door.
"What
do you mean by that, Pa?" asked Hoss.
Turning
slowly, Ben looked at Adam and Hoss. "Everyone keeps saying how tough Joe
can be," he said. "He'll need to be hard, to be tough everyday in that
place to survive. What I'm worried about is that it will become a way of life
for him. I'm worried that the Joe we knew might disappear."
"Once
we get him home, Joe will revert back to his old self," Adam assured his
father.
"Will
he, Adam?" asked Ben. He shook his head. "I hope you're right. But
prison can change a man. We all know that. I can't help wondering what kind of
man Joe will be when he gets home."
"You
ain't afraid to have him come home, are you, Pa?" asked Hoss in a worried
voice.
"Of
course not," answered Ben. He looked off. "But I can't help worrying
about what that place will do to Joe -- if it will make him hard, kill his
spirit. I worry that the man who killed Elizabeth Crowley also might end up
killing the Joe we know."
"We'll
find whoever did it, Pa," stated Adam. "We'll find him, and make him
confess. Once he does that, we can get Joe back home."
"I
hope so, Adam," said Ben. "And I hope we do it before it's too
late."
*******************
Standing
by the window of his cell, Joe saw the prison wagon roll down the street. He
watched the steel-plated wagon pass his narrow view of the street with almost a
sense of relief. It was late
morning, and Joe had grown tense and edgy waiting for the wagon to arrive. He
had been ready for the prison wagon since finishing breakfast. Briefly, Joe
thought of the tray filled with bacon, eggs, toast and coffee that Roy Coffee
had brought him. The sheriff had thoughtfully brought Joe what might be his last
decent meal for awhile, but Joe had had to force the food down. The breakfast
had no taste to him, and his churning stomach had found it difficult to accept
the food. The hours he had spent waiting after managing to finish most of the
breakfast had passed with an agonizing slowness.
Standing
in the middle of his cell, Joe clenched his hands into a fist. His already raw
nerves were becoming even more strained as Joe tried to ready himself. He knew
the ride to the prison in the steel wagon would be almost as bad as being
confined in a cell – maybe even worse. He had been prepared since early
morning, and the waiting had been almost torture. Joe just wanted to get it over
with. A bitter smile crossed Joe’s face as the thought flashed through his
mind. He had a feeling that was how he was going to think of each day from now
on – just get through it and get it over with.
The
clanging of metal drew Joe's attention to the door of the cellblock. Roy Coffee
walked toward the cell with the familiar ring of keys in his hand. Behind the
sheriff was a burly, bearded man in a blue uniform, and with a holster strapped
around his hips. In the man's hand were two sets of shackles. Joe needed no one
to tell him that this was the guard who was going to take him to the prison.
"Wait
a minute," growled the guard as Coffee started to unlock Joe's cell.
"Have him stick his arms through the bars so I can shackle them before you
unlock the cell."
"There's
no need for that," said Roy Coffee with a surprised look. "Joe won't
give you any trouble."
"Procedure,"
answered the guard briefly. "Even the quietest prisoner can get crazy when
he realizes what's happening. I'm in no mood to fight someone and hold him down
while I shackle him."
Coffee's
mouth closed tightly in disapproval as he looked at the guard. Then the sheriff
turned to face the cell. "You heard him, Joe," said Coffee almost
apologetically. "Come here and stick your arms through the bars."
Silently,
Joe walked forward and thrust his arms through the bars of the cell. The bars
weren't spaced wide enough for him to get both arms through a single opening; a
metal rod separated his arms.
Walking
past the sheriff, the guard took one set of shackles and closed them tightly
around Joe's wrists, locking each cuff with a small key. "All right,"
said the guard as he turned the small key the second time. "You can open
the cell now."
Without
making a comment, Coffee unlocked the cell and opened it to allow the guard to
walk in. The man brushed past Coffee and immediately bent to put the second set
of shackles around Joe's ankles. As soon as the cuffs were locked, the guard
stood and walked back outside the cell. He unlocked the cuff around Joe's right
wrist and removed it. "All right, boy," said the guard to Joe.
"Pull your arms back in and take a step back." Joe obeyed the order
with a stoic look on his face. The chain and dangling cuff of the shackle
scraped the metal rods as Joe pulled them into the cell with him.
The guard walked back into the cell again, and quickly re-attached the
cuff around Joe's right wrist, locking it with the key.
"Start
walking," the guard said to Joe. "Take small steps or you'll trip and
end up flat on your face."
Closing
his eyes briefly, Joe took a deep breath. Then he took a small step – his
first step as a prisoner of the Territory of Nevada.
As
Joe shuffled out of the cell, Roy Coffee watched with a pained look. "You
take care of yourself, Joe, " the sheriff said softly as Joe passed him.
Joe nodded briefly but didn't look at Coffee. He was concentrating on looking
straight ahead, blocking out the sight of everything around him. Joe didn't want
to see anything that was familiar to him, nothing that would offer a painful
reminder of how long it would be before he saw it again.
With
an almost bored expression on his face, the guard followed Joe out of the
cellblock. He had been a bit surprised at how young the man was, but then, he
had transported younger men than this one. He knew a tender age and a baby face
could hide a mean streak.
As
Joe shuffled past the desk in the office, the guard said, "Hold it a
minute, boy." Joe stopped, staring straight ahead at the wall on the far
side of the office.
Turning
to the sheriff, the guard asked Coffee, "You got the papers on him?"
Coffee
walked over to the desk and picked up a sheet of paper. He handed it to the
guard, then asked, "You making any more stops?"
"Not
unless you have a telegram telling me to pick up someone else," said the
guard. He glanced at the paper in his hand, and then folded it, sticking the
paper into a pocket inside his jacket, the guard added, "With this one,
we've got five prisoners. That's a lot for us to keep an eye on. We'll probably
ride through the night so we won't have to make camp." The guard gave
Coffee a crooked smile. "The kid will be at his new home tomorrow."
Joe heard the guard's words, but didn't react to them. His gazed remained
fixed on the far wall.
Reaching
forward, the guard pushed on Joe's arm. "All right, start walking,"
said the blue-coated man. "The wagon is right outside." Joe started
shuffling forward, never turning his head to look at the men behind him.
The
arrival of the prison wagon had attracted a crowd in the streets of Virginia
City. Knots of people stood in the street or on the sidewalk, watching. As the
door to the sheriff's office opened and Joe shuffled out, several people started
whispering and pointing. Joe ignored them, lowering his head to look at the
ground.
As
Joe carefully watched the steps he was descending, he didn't see the
broad-shouldered, gray-haired man watching from the alley across the street, or
the man dressed in black standing alone on the corner. His eyes never passed
over the big man wearing the tall white hat who was standing by the stable. Joe
kept his head down and shuffled quickly to the back of the prison wagon. He
stopped and waited while the guard pulled a large key out of the pocket of his
jacket. The guard unlocked the door of the wagon and, with an indifferent
expression, helped Joe climb into the wagon. Then the guard slammed the door
shut.
At
least three people in the crowd winced at the clang of the metal door being
slammed closed.
********************
Inside
the prison wagon, Joe sat stiffly on a wooden bench. He tried not to think about
what was happening and where he was going, but as the wagon jerked forward, Joe
flinched. He thought he had prepared himself, but a sinking feeling was growing
in his stomach as the reality of actually going to prison finally hit him. Joe
tried not to think about where he was going. He had decided he no longer had a
past or a future. For Joe Cartwright, there was only the present. The only thing
that mattered was enduring whatever was facing him at the time. But Joe's
resolve not to think about the future was wavering. He couldn't stop himself
from wondering what his life was going to be like from now on.
Trying
to dismiss the thoughts of what was ahead of him, Joe looked around. The inside
of the wagon was dim and stuffy. Two small windows on either side were the only
way that light and air could get into the steel box. Joe looked toward the front
of the wagon. Some blankets lay in a messy pile on the floor, and a small barrel
with a lid was chained to wall. Joe figured it must be a water barrel because he
could see the handle of a dipper sticking out of it. Two long benches ran along
the side of the wagon, and Joe turned his attention to the men sitting on them.
Four
men occupied the wagon with Joe, just as the guard had told Roy Coffee. In the
far corner, a man about forty was sprawled on the bench, his back resting
against the corner of the wagon. Next to him was a big man with a scruffy beard,
looking uncomfortable as he tried to position his big frame on the narrow bench.
Next to Joe sat two men who looked like cowhands. Both seemed in their late
twenties, and their faces looked pale and tired.
"Looks
like we got us a new guest at our little party," said the man sprawled on
the bench. "What they get you for?"
Turning,
Joe faced at the man, trying to give him a cold look. "They said I killed a
woman," Joe answered tersely.
"And
you didn't do it," said the man, giving a small laugh. "Just like I
didn't try to rob no stage, or Brewer here didn't half beat his boss to death.
And them two boys didn't rustle any cattle." The man laughed harder. "Ain't
it a shame that nothing but innocent people end up going to prison."
Joe
started to protest his innocence, then suddenly realized there was no point to
it. It didn't matter whether the men in the wagon thought he was guilty or not.
Shrugging, Joe turned away. But he noticed that the two men sitting next to him
edged further down the bench.
"What's
your name, boy?" asked the man in the corner of the wagon.
"Joe
Cartwright," answered Joe, without looking at the man. "What's it to
you?"
"Nothing,"
said the man. "I was just curious. I figure as long as we all have to spend
some time together, we might as well get to know each other."
"What
are you?" Joe said in an irritated voice. "Some kind of social
director?"
The
man in the corner frowned. "Now that ain't very friendly, boy," he
said in a voice that reflected his displeasure.
"I
didn't figure on making any friends here," Joe said coldly.
The
man in the corner sat silent for a moment, then laughed. "Oh, you're a
tough one, ain't you?" he jeered. "Hard as nails, right? Well, we'll
see how tough you are when they lock you into that prison cell. I've seen men
harder than you turn into babbling babies when they realize they ain't going to
get out, at least not for a long time."
Trying
to act indifferent, Joe leaned back against the side of the wagon and closed his
eyes. He didn't want the man to see how worried he was that the man might be
right.
In
silence and with his eyes closed, Joe rode in the prison wagon as it rolled and
bumped along the road. Despite his detached air, though, Joe listened to the
conversation in the wagon. Most of the talking was done by the man in the corner
– Joe heard him called Dawson – but the two men sitting next to Joe asked
questions from time to time in quivering voices. Dawson was only to happy to
tell them some horror stories of prison; of men he knew who had been killed or
maimed there, of inhuman conditions that could drive a man insane, and of how
few left the prison unchanged by their stay. Joe was sure Dawson was
exaggerating and telling tales; he seemed the type who would get a perverse
pleasure out of frightening the other men in the wagon. Nevertheless, Joe wanted
Dawson to shut up. He had a niggling fear in the back of his mind that some of
the things Dawson was describing were true. But Joe kept his silence, and
continued to feign indifference. Part of the reason was his decision to appear
to be hardened and cold. Joe knew enough to understand that men who were
perceived as weak and frightened often became victims of other prisoners. But
another part of the reason also was that Joe was afraid if he started to voice
his fears and doubts, he would turn into one of those babbling babies Dawson had
described.
As
the wagon rolled on, covering the miles toward the prison, the inside of the box
was becoming an oven. The afternoon sun heated the metal, and there was little
air to cool the men. Joe smelled the stench of the sweating bodies around him,
and he could feel the sweat of his own body. The cuffs around his wrists began
to chafe his damp skin. Even though his eyes were still closed, Joe could tell
the big man sitting across from him had gotten up twice to get some water. He
could hear the man's movement and the splash of the dipper in the barrel. Joe
thought about getting some water for himself, but a lassitude seemed to have
taken over him. Getting up for a drink would take more energy than Joe was
prepared to spend.
At
some point, Joe dozed off, lulled to sleep by the heat and the absence of the
nervous energy which had built up in him that morning but now was seeping away.
He woke with a start, though, when he felt the wagon jolt to a stop. For a
moment, Joe wasn't sure where he was, but the dim light and the stench of the
wagon quickly reminded him. Looking around with a frown, Joe wondered why the
wagon had stopped. He knew from what the guard had said that it would the
prisons would travel through the night to reach the prison, and Joe could see
the afternoon sun filtering through the small window.
The
reason for the wagon's halt was clear a few minutes later when Joe heard the
lock click and saw the guard pulling the metal door open. "You've got five
minutes to stretch your legs," the guard announced as he pulled the door
wide. "Don't try anything funny. I ain't afraid to use this." The
guard showed the prisoners the double-barreled shotgun in his hands.
Suddenly
realizing how cramped his legs felt and smelling the fresh air from outside, Joe
hurried to scramble out of the wagon. He
shuffled a few feet from the wagon, stretching his muscles while taking deep
breaths of the clean air and letting the cool breeze wash over him. Joe could
see the wagon had been pulled off the trail and stopped in an open field. If
anyone tried to make a run for it – a foolish thought anyway considering the
shackles around their legs – the guard would have a clear shot at the man. Joe
turned back toward the wagon and watched as the other prisoners climbed out of
the wagon. He saw a second guard standing a few feet from the wagon – a tall
thin man with a dour expression and also holding a shotgun. Joe figured he was
the wagon's driver.
Turning
his back on the wagon, Joe shuffled around in a small circle, rolling his
shoulders and stretching as much as possible as he walked. Then he walked back
toward the wagon, stopping at a large rock near the back of the steel box.
Easing himself down, Joe sat on the rock and stretched his legs out as far as
possible. He felt the cool breeze on his face, and stared at the green grass
spread before him.
"It
gets pretty cramped in there," said a deep voice to Joe's left. Joe looked
up, surprised to see Brewer, the big man who had been silently riding across
from him.
"Yeah,
it does," agreed Joe cautiously.
"Did
you kill that girl?" the man asked.
"Does
it make any difference what I say?" replied Joe with a shrug.
"To
me, it does," stated Brewer firmly.
Giving
the man a curious look, Joe wondered why Brewer cared whether Joe was innocent
or not. He decided that there was no harm in trying to convince at least one
more person that he was innocent.
"I
didn't kill her," Joe said. "I had an argument with her, but she was
fine when I left her. The problem is that they can't seem to find anyone else
who had a reason to kill her. I was there, and they found her dead. Next thing I
knew, I was in jail, convicted of killing her."
"I
thought it might be something like that," said the big man with a nod. He
studied Joe for a minute, then asked, You
said your name was Joe Cartwright. Any relation to Hoss Cartwright?"
"Hoss
is my brother," answered Joe, his face and voice showing his suspicion at
the question.
"Don't
get your back up," said Brewer quickly, noting Joe's suspicion. "I was
just asking because Hoss did me a good turn, and I kind of feel like I owe
him." Seeing Joe's eyes arched
in surprise, Brewer continued. "About two years ago, over in Gold Hill,
Hoss kept me from beating up a fellow and going to jail." Brewer shrugged.
"I'm a pretty easy going fellow until I get to drinking. But after a few
drinks, I start looking for someone to hit. I had had a few beers in the saloon
at Gold Hill and was feeling pretty feisty. I took after this fellow a lot
smaller than me for some stupid reason. I probably would have hurt the fellow
pretty bad, maybe even killed him." Brewer looked down, a shamed expression
on his face. "Once I get to beating on someone, I have a hard time
stopping."
"What
did Hoss do?" asked Joe curiously.
"Well,
he stepped in and pulled the fellow away from me. I got mad and went after him.
We pounded each other pretty good until he finally knocked me out," said
Brewer. He gave Joe a small smile. "That brother of yours has a pretty
solid right."
"Yeah,
he sure does," agreed Joe with a smile.
"Anyway,
when I woke up, I was in an alley next to the saloon," continued Brewer.
"Hoss was wiping the blood off my face and trying to clean me up. When I
finally got my senses back, that brother of yours read me the riot act about
beating up on smaller men. He gave me a real lecture, talking about how men our
size had to be careful about losing our tempers and how we could hurt someone
without realizing it."
Joe
nodded silently. He could hear his father telling the same thing to Hoss when
all of them were much younger. The lecture had taken with Hoss, but obviously
not with this man.
"After
he was finished telling me off, Hoss said put me on a horse and told me to stay
out of trouble," Brewer said. "He could have called the sheriff and
had me put in jail, but instead, he just tried to straighten me out."
Brewer shook his head in amazement. "After me trying to beat the tar
out of him, Hoss just patted me on the back and sent me home."
"That
sounds like brother Hoss," said Joe. He vaguely remembered Hoss coming home
from Gold Hill a few years ago with a collection of bruises. Hoss had just
shrugged on his family's questions and merely said he had been in a fight. His
big brother had stoically endured a lecture from Pa without explaining further.
"I
remembered what your brother said, and I kept away from fights for along time
after that," Brewer said. "At least until my boss tried to cheat me
out of my pay. I got mad and drunk, and well, here I am." Brewer shrugged.
"I guess it was only a question of time until I ended up here, but I figure
your brother helped me put this off for a couple of years." Brewer suddenly
grinned. "Besides, from what I can remember, that was the best fight I ever
had."
"I'll
bet it was," Joe grinned, remembering Hoss' bruised face.
"Anyway,
I just wanted you to know I figure I owe the Cartwrights," Brewer finished.
"Where we're going, it's pretty much every man for himself. It's hard to
find someone to back you up. I just wanted you to know that, well, if there's
anything I can do for you, I'll do my best to try to repay the favor."
Brewer turned abruptly and shuffled away.
Sitting
on the rock, Joe's face grew sober. Brewer's words about every man for himself
hit Joe hard. For the first time, he realized how alone he was, how he had no
one he could rely on to help him. No matter how much he had complained about his
father and brothers being over-protective sometimes, Joe had always had the
comforting knowledge that his family was watching out for him, and would come to
his aid if he needed them. Now, though, they couldn't help him. Joe was on his
own. No one would be watching out for him or probably even care if something
happened to him. Joe's shoulders slumped a bit. He had never felt so far away
from his family and so alone. It was one more thought to add to his building
despair.
"All
right, back in the wagon," shouted the bearded guard. "You've
stretched your legs enough."
Rising
slowly, Joe took his time returning to the wagon. As he walked, Joe looked
around him, drinking in the sight of the grass and trees. The thought crossed
his mind that it would be a long time before he saw something like this again.
"Hurry
up!" the guard shouted when he saw Joe was taking his time returning. He
lowered his shotgun a bit in a threatening gesture. Joe saw the movement and
increased his pace a bit.
"Boy,
you're going to have to learn that when I say jump, you ask how high," said
the guard when Joe finally reached the wagon. He stood by with a look of
displeasure as Joe struggled to climb back into the wagon. This time, Joe got no
helpful hand.
When
Joe was finally inside the metal box, the guard looked in. "Listen
up," said the bearded man. "We're going to drive straight through to
the prison. No stop for a night camp. So make yourselves comfortable. You ain't
getting out again until we reach the prison."
"I'm
hungry," whined Dawson. "Aren't you going to feed us?"
Looking
over his shoulder, the guard said something to the man behind him. A minute
later, the tall guard came to the back of the steel box and tossed a cloth sack
onto the floor.
"There's
jerky and hard tack in there," said the bearded guard. "That'll keep
the hunger away. Should be plenty of water, too, unless you've gotten greedy
with it. There's blankets for when it gets cold." Laughing ironically, the
guard added, "All the comforts of home."
Still
laughing, the guard turned and began to shut the metal door. Joe took a last
quick look at the green grass and blue sky outside. Then the door closed,
shutting off his view of the world.
***********
The
pale light of the morning sun lit the prison wagon as it slowly creaked through
the gate of a large structure. Inside the steel box, Joe slept fitfully. He
hadn't thought he would be able to sleep at all, given his keyed up nerves and
the uncomfortable bench in the wagon. But the monotony of the journey had
eventually lulled him to sleep.
As
the wagon jolted to a stop, Joe woke. His senses still dulled by sleep, Joe
yawned and glanced around the wagon. Dawson was sprawled on the floor, still
snoring lightly, and the two cowboys were stretched out on the benches, also
still asleep. All three had blankets wrapped around them. Joe looked across the
wagon and saw Brewer watching him. The big man nodded a greeting, then slipped a
blanket off his shoulders.
Taking
a cue from Brewer, Joe unwrapped a blanket from around his body. He recalled
getting one of the stiff woolen covers for himself as well as for Brewer once
the sun had gone down and the heat inside the wagon had been replaced by the
cold night air. Other than the brief conversation in the field, Brewer hadn't
said a word to Joe, but somehow, the two had forged a bond as they rode. Not
that Brewer would have had a chance to say much. Dawson had done most of the
talking during the ride, recounting more horror stories of prisons and attempted
jail breaks as the men had nibbled on the jerky and hard tack which
served
as their evening meal. But eventually, even Dawson had run out of talk, and the
ride had turned into long hours of silent contemplation for each man in the
wagon. Despite his resolve to think only of the present, Joe's mind had turned
to images of his family and the life he was leaving behind. As much as those
thoughts saddened him, they were better than thinking about what lay ahead. His
own imagination, fueled by Dawson's tales, had painted a grim picture of the
future for Joe. He had pushed those thoughts aside, deciding that the reality of
prison life would present itself soon enough and that anticipating that life did
nothing but sicken him.
A
fist banged loudly on the metal door of the wagon, and a voice shouted,
"Wake up in there!" A
minute later, the door opened and the bearded guard peered inside.
"Everyone out!" yelled the guard.
Glancing
over his shoulder, Joe saw Dawson and the two cowboys were just stirring from
their sleep. He stood and quickly climbed out of the wagon, figuring he could
steal a minute or two to stretch his legs before being marched off to a cell.
Standing
a few feet from the wagon, Joe arched his back and rolled his shoulders,
straining to loosen his stiff muscles. As he stretched, Joe looked around.
The
wagon was parked in the middle of a yard. All around were stone walls, over
twenty feet tall and topped with barbed wire. Spaced evenly around the yard were
guard towers, and Joe could see the barrels of gatling guns pointing inward
toward the ground below.
Turning
to his right, Joe saw a large metal door, closed with a crossbar and manned by
an armed guard. Near the door, in the corner of the yard, was a building
surrounded by a tall wrought iron fence. Joe looked to his left and his eyes
grew wide as he saw the buildings that would be his home for the next fifteen
years.
Three
long buildings, one story tall, stood in the middle of the yard, each with a
steel door tightly closed against the entrance. The walls of the three
structures appeared to be made of a mixture of concrete and stone. Smaller
buildings were scattered on either side of the long structures, built of wood
and with walls on only three sides. Joe could see a few men, wearing loose gray
tunics and pants, working in one of the small buildings while an armed guard
stood near them. But it was the long stone buildings that held Joe's attention.
He knew those were the cell blocks. Joe swallowed hard, trying to erase the
thought that the buildings resembled a trio of tombs.
"They
give you any trouble?" said a voice behind Joe.
Turning,
Joe saw a tall man in blue uniform approaching the wagon. He was followed by
three more guards, each holding rifles or shotguns. The tall man had two stripes
on his jacket, signifying some sort of rank, but his authoritarian manner would
have told Joe that he was in charge even if he hadn't seen the stripes.
"Naw,
they were as good as little lambs," said the bearded guard who had escorted
Joe from the Virginia City jail. The man was standing near the back of the
wagon, shot gun in hand. Joe noted the other prisoners had emerged from the
wagon and were standing near him. The dour driver stood close by, also holding a
shotgun.
"Good,"
replied the guard in charge, nodding.
Reaching
into his jacket, the bearded man handed over some folded papers to his apparent
superior. "Here's the paper on
them," he said. The bearded man yawned, and added, "I'll be glad to be
rid of them so I can go get some sleep."
Glancing
at the papers, the senior guard said, "The warden will be ready for them in
about an hour. Get them cleaned up and changed. Better feed them, too."
Jerking his head over his shoulder, the man added, "These three will help
you keep an eye on them."
Joe
felt a smoldering resentment at being referred to as one of "them", as
if he had no identity or feelings. But he quickly dampened his resentment.
Protesting would be fruitless and only cause trouble. Joe figured that would be
a poor way to start what he was beginning to think of as his new life. Besides,
with a sinking feeling, Joe realized he no longer had an identity, other than
being a prisoner of the Territory of Nevada. As he was herded toward a small
building with the other prisoners, Joe felt a cloud of despair forming around
him. He was no longer Joe Cartwright, son of a respected rancher and well-known
resident of Virginia City. He was now Joe Cartwright, prisoner.
********************
In
a small anteroom of the fenced house, five men in gray uniforms sat on a bench.
All of them looked uncomfortable and ill at ease. None of the them wore
shackles, but the three armed guards watching them closely discouraged any of
them from making any moves toward the front door of the building.
Scratching
his arm, Joe felt the rough cloth of the ill-fitting prison uniform he now wore.
The
tunic was too big and the pants were a bit snug, but no one seemed to care. As
he sat, Joe wondered what further humiliations awaited him. He had been in the
prison a little over an hour, and already he felt degraded.
With
a small shudder, Joe thought about being marched with the other four men to what
turned out to be some kind of bathhouse. Once in the bathhouse, Joe's shackles
had been removed. He had been ordered to undress and put his clothes in a cloth
bag. The only thing he had been allowed to keep were his boots. Joe had been
almost transfixed as he watched the guard tie the bag with his clothes with a
piece of twine. A small paper tag was attached to the twine. He could barely say
his name when the guard asked, and watched with a fascination as the guard wrote
it on the tag. It had seemed to Joe that the removal of his clothes had taken
away the last traces of his identity.
Joe
tried not to think about the "shower" he had endured – the guards
spraying water on the prisoners and not seeming to care that the men were
half-drowned in the process. The small rough cloth he had been given as a towel
was of little use as he had tried to dry himself. Water was still dripping from
his hair and body as Joe and the other four men had been led to a closet and
told to select some clothes. Joe hadn't spent a lot of time trying to find the
right sizes. He just grabbed anything that looked about right and dressed as
quickly as possible.
Feeling
like one of the steers he used to herd on the Ponderosa, Joe had next been taken
to a small, open cookhouse on the other side of the prison yard. A bowl of lumpy
oatmeal had been shoved into his hands. The oatmeal tasted as unappetizing as it
looked, but Joe had been so hungry that he wolfed down the bland and gritty
mixture. The guards had seemed to find the prisoners' reaction to the food
amusing. From the corner of his eye, Joe had seen the armed men grinning as the
new prisoners wrinkled their noses in distaste as they ate what was called their
breakfast.
Sitting
in the small waiting room, Joe replayed the last hour in his head once again. In
the short time he had been inside the tall walls of the prison, he had been
embarrassed, laughed at and generally treated as something less than human.
Under any other circumstances, Joe's famous temper would have shown itself by
now. His father and brothers would have been surprised at how meekly Joe had
endured his ill-treatment he had received. But Joe had been too confused and
intimidated by his surroundings to get angry. All he could think about was how
much he hated this place already.
A
door opened and Joe turned to see the senior guard walking out of a room to
Joe's right. The guard looked at the men sitting on the bench, then frowned.
"How come they still have their own boots?" the man asked one of the
three guards standing in the middle of the room.
One
of the guards shrugged. "No boots left," he said. "Shipment
didn't come in, I guess."
Still
frowning, the senior guard said, "This could cause trouble with the other
men."
Again,
the guard shrugged and said, "You want us to take their boots?"
Sighing,
the senior man shook his head. "No, I guess not. The warden wouldn't
approve of them walking around barefoot. Just spread the word that they're going
to get standard issue boots as soon as they come in. Don't let any of the other
prisoners think these five are getting any special treatment."
As
the senior guard turned away, one of the guards rolled his eyes upward, an
obvious expression of exasperation. As Joe watched, he doubted if any of the
guards would bother to follow the instructions they had been given.
Turning
toward the prisoners seated on the bench, the man with the stripes on his blue
uniform gave them a stern look. "You men are going to see the warden now.
Behave yourselves and listen to what he has to say. Things will be a lot easier
for you if you understand the rules and obey them."
The man stared at the prisoners on the bench for another minute, then
said, "Get up and follow me."
The
five men rose to their feet and followed the senior guard through the door to
the right. Joe hung back, suddenly feeling embarrassed to face a man who knew
his father. One of the guards gave Joe a shove in the back with the butt of his
rifle, and Joe hurried to catch up with the other men walking into the room.
As
Joe entered the room, he could see it was an office. A desk piled with papers
was sitting in the middle, and file cabinets lined the walls. A man in a gray
suit, with white hair and wearing wire-rimmed glasses, was sitting behind the
desk. The man's face was full, but not fat, and the white hair combed back on
his head was thinning. His hands were folded and he looked expectantly at the
men crowded into the room.
From
the back of the room, Joe studied the warden. He thought the man looked more
like a professor than a prison warden, although Joe had to admit he didn't know
what a prison warden was supposed to look like. He supposed he had expected a
man with cruel eyes and a mean face, not one whose eyes seemed almost sad and
whose face looked like one that was used to smiling.
"Good
morning, gentlemen," said the warden in a deep voice as he looked at each
prisoner. His eyes seemed to linger for a moment on Joe, then quickly moved on.
"You are here because each of you have been convicted of a serious crime.
You will serve your sentence in this facility. We have almost 300 prisoners
here, and we have some very strict rules that each of them must follow. You will
listen to the rules and obey them."
"The
rules are simple," continued the warden. "You will each be assigned to
a cell. That will be your home for the duration of your sentence. You will spend
all your time in your cell except for the time you are on work detail. You also
will be released from your cell once a week for bathing. Other than that, you
will eat, sleep and spend your time locked up."
Listening
to the warden, Joe felt the churning start in his stomach again. The thought of
being locked in a small cell for most of the next fifteen years alarmed Joe. He
couldn't remember a time when he hadn't been free to roam the pastures and
mountains around the Ponderosa. He had known in his mind that he would be in a
cell but somehow the reality of what that meant hadn't been clear to him until
now.
"You
and your cells may be searched at any time," the warden was saying.
"If we find anything that even remotely resembles a weapon, or if you cause
any kind of trouble, you will spend time in solitary confinement. Believe me,
gentlemen, when I tell you that solitary is not something you want to
experience." Swallowing hard,
Joe could only agree with the warden.
"Any
attempt at escape is foolhardy," the warden continued. "If you are
caught trying to escape, you will be confined to solitary and time will be added
to your sentence. We've not had an escape from this prison since I have been
warden, so I caution you not to try."
The
warden paused to look at the faces in the men in front of him. He could see that
two of the younger men had paled a bit and their eyes were wide. Satisfied that
his warning had had an effect on at least some of the new prisoners, the warden
looked down at the papers on his desk.
"Each
of you will have a cellmate," said the warden as he looked at the papers.
"We've put the prisoners who are first offenders and convicted of less
serious crimes in Block A.
Block
B is for repeat offenders and those we consider to be more dangerous criminals.
Block
C is for those convicted of the most serious crimes." The warden looked up
and once more his eyes seemed to stray to Joe.
"Warden,
can me and my brother be in the same cell?" asked one of the men who had
been accused of rustling. His voice sounded steadier than someone looking at his
pale face would have expected.
"No,"
answered the warden curtly.
"Why
not?" asked the rustler in a whining tone.
"Young
man, you will learn that when you are told something in this prison, you are not
to question it or ask for an explanation," said the warden sternly. Seeing
the man blanch at his stinging words, the warden continued in a voice that was a
bit gentler. "We don't allow relatives or men who were convicted of the
same crime to share a cell. It offers too much temptation for them to try to
plot an escape or cause trouble. You will share a cell with someone who has
already been serving time in this facility. Hopefully, that individual will help
you understand the rules and keep you from doing anything foolish."
"Yeah,
they're all real helpful," muttered Dawson in a low voice.
Frowning,
the warden looked toward Dawson. His face took on a look a resignation when he
saw who had made the comment. "Mr. Dawson," said the warden. "I
see you are with us again."
"Yeah,
warden," said Dawson with a sneer. "I liked it so much here that I
just couldn't wait to get back."
Looking
at the papers on his desk, the warden replied, "Then you will be happy to
know you're being assigned to Block B, Cell 26."
"Just
down the hall from my old cell," said Dawson, shrugging. "Sort of like
coming home."
Ignoring
Dawson, the warden continued, "Mr. Brewer, you are being assigned to Block
B, Cell 18." The warden looked up and stared at the big man standing before
him. "I understand you have a penchant for fights. Remember what I said
about solitary confinement. Fighting is against the rules. Punishment for
fighting is three days in solitary. Do you understand?"
"Yes
sir," answered Brewer, nodding.
"Mr.
Ben Calloway, you will be assigned to Block A, cell 36," said the warden,
looking down at the papers again. "Mr. Simon Calloway is assigned to Block
A, Cell 12." The two rustlers looked at each other, and their faces showed
both relief at being in the cell block for the least dangerous prisoners.
"Mr.
Cartwright," said the warden. He hesitated and looked up. For a moment, the
warden stared at the young man at the back of the room. Joe held his breath and
waited. "Mr. Cartwright," repeated the warden, looking down. "You
are assigned to Block C, Cell 1."
"Cell
1?" said a guard, his voice filled with surprise.
The
warden gave the guard a hard look. "Yes, I said Cell 1. Do you have any
objections?"
"No
sir," replied the guard quickly.
Looking
down, Joe felt a sinking feeling in his stomach. Block C, the one with the worst
criminals, was now his home. He wondered briefly about who would be in the cell
with him. Someone who had been convicted of murder, he was sure. Joe tried to
steel himself, to become as tough and hard as the man in his cell would be. But
if the truth were to be told, all Joe really felt was just plain scared.
"You
men will spend the remainder of today in your cells as well as the next three
days," said the warden. "After that, you will be assigned to a work
detail. You'll be released from your cell as needed for the work. Remember what
I said about obeying the rules. Your experience won't be pleasant, but it will
be tolerable if you do what you're told."
Taking
a deep breath, Joe closed his eyes for a moment and tried to calm his nerves. He
had been in this cursed place for only a few hours, and already, all he could
think about was how much he wanted to get away from it.
"Guards,
escort the prisoners to their cells," said the warden, obviously finished
with his talk. He picked up a pen and began to write, confirming that he had no
further words for the men in front of him.
"O'Brien,
you take him to C," ordered the senior guard, nodding toward Joe. One of
the guards nodded and stepped forward. Grabbing Joe's arm roughly, O'Brien
pulled him toward the door. Walking slowly, Joe left the room. He didn't see the
frown on the warden's face as the man watched the guard give Joe a shove toward
the front door of the building.
As
he crossed the prison yard once more, Joe looked at the gray buildings. They
appeared more ominous and threatening than when he had first seen them. Joe's
heart was in his throat as the guard guided him toward the nearest building. He
stopped in front of the steel door that sealed the building and tried not to
show his nervousness as he waited.
Pushing
past Joe, the guard walked to the door and pounded on it twice with his rifle
butt. A small window in the door opened and a face appeared.
"Got
another for you," the guard next to Joe said to the face in the window. The
window closed. Joe heard a lock turning and saw the heavy door being slowly
opened.
"Inside,"
ordered the guard standing by Joe. But Joe simply stood still, frozen by a
reluctance to enter the dark, forbidding building in front of him.
"Inside,
I said," ordered the guard again, and he emphasized his order by pushing
Joe roughly. Joe stumbled a bit, then walked into the dark opening.
Standing
inside the building, Joe waited for his eyes to adjust to the dim light. He
could see a long corridor in front of him, with cells on either side. Each cell
had iron bars on the front, and was separated by thick stone walls. Several
lamps hung from the ceiling, but only two were lit - one near the door and
another about three quarters of the way down the corridor. At the end of the
corridor, Joe could see some iron doors. He counted two on each side of the
hall, plus two at the very end. He knew without being told that these were the
cells for solitary confinement.
"This
one goes to Cell 1," said the guard behind Joe.
"Cell
1? You sure?" said another guard standing a few feet away. Joe turned to
look at him. This guard stood ramrod straight, giving the impression of a
soldier at attention. He was a big man, but not fat. Joe could see hard muscles
straining against the cloth of the guard's uniform, and his hands were large and
beefy. Joe guessed he was the type that used his fists more than the pistol
strapped his hip.
"That's
what the warden said," replied the guard named O'Brien.
The
big guard shrugged and walked to a board on the wall near the door. He reached
up and pulled a key from the board, then walked a few feet toward a cell to his
right. The guard behind Joe shoved him, pushing him in the direction of the
cell.
Unlocking
the cell, the big guard said to the man inside, "Move your stuff, Eddie.
You're getting a roommate."
Joe
could see a small man with closely cropped white hair sprawled on the bed to the
left side of the cell. The man looked about fifty, and the creased skin of his
face showed the years had not been kind to him. The prison uniform he wore was
wrinkled and faded. Everything about the man seemed gray, tired and well-worn.
The only thing about the man that seemed animated was a pair of lively blue eyes
that were staring at the guard.
The
prisoner in the cell seemed surprised at the guard's announcement.
"Me?" said Eddie. "I'm getting someone in my cell? Who?"
"The
Queen of Sheba," answered the guard sarcastically as he pulled the door
open. "How do I know who he is? Some fellow who gets the pleasure of your
company for the next few years."
"Are
you sure the warden said my cell?" asked Eddie a bit anxiously.
"He
said Cell 1, and this here is Cell 1 by my reckoning," replied the guard.
The
guard behind Joe shoved him again, and Joe walked into the cell. He heard the
door clang shut behind him, and heard the lock click shut.
"Sorry,
I wasn't expecting company," said Eddie as he reached across to move some
pieces of wood and several sheets of sandpaper from the other bed. He held the
wood in his hands for a minute, as if unsure what to do with them, then started
putting them under the bed.
As
Eddie moved to clear the other bunk, Joe looked around the cell which was to be
his home. The room was small and seemed filled by two beds with thin mattresses
pushed up against either wall. A few feet separated the beds from each other as
well as the front of the cell. At the back of the cell, high on the wall, was a
small, barred window. Under the window was a peg on which a large water sack was
hung. The head of the beds were about a foot from the back wall, and Joe could
see some other pieces of wood laying in the opening. On the floor next to the
wood stood some small statues – a bird with its wings tucked next to its body,
a cow with horns, and an angel.
"You
do those?" Joe said in a surprised voice to the man who was brushing some
chips and dirt off the blanket on the bed.
Eddie
stopped and looked at Joe. "Well, they didn't just walk in here," he
snorted.
"I'm
just surprised that they would let you have a carving knife," answered Joe.
"They
don't," said Eddie, looking at Joe as if he were crazy. "I sand them.
Takes a long time, but then, I don't have anything but time."
The man stuck his hand out to Joe. "Eddie Watson," he said.
"Joe
Cartwright," replied Joe, taking the man's hand.
"Sorry
the bed is all messed up," Eddie apologized briefly. "I ain't had
someone in a cell with me in two or three years. I wasn't expecting
anyone."
His
eyes widening a bit, Joe asked, "How come? I mean, how come you've had a cell to yourself for so
long?"
"Well,
it ain't because I killed my last cellmate, if that's what you're
thinking," said Eddie with a grin. "It's just that I've been here
almost 30 years, and the warden, well, I guess he figured I deserved a little
privacy."
"Thirty
years!" exclaimed Joe. He swallowed hard. "What did you do?"
Looking
down, Eddie suddenly seemed self-conscious. "Killed my wife," he
mumbled. "Caught her cheating on me with some cheap gambler." He
looked up and gave Joe a calculating look. "Who'd you kill?"
"Nobody,"
asserted Joe almost angrily.
"They
don't send you here for a vacation," said Eddie sarcastically.
Shrugging,
Joe answered, "They said I killed a girl, but I didn't do it."
"Oh,
right, you're an innocent man, wrongly convicted," said Eddie, shaking his
head in disbelief.
"I
know everyone says that," Joe stated, "but in my case, it happens to
be true."
Squinting
a bit, Eddie studied Joe for a minute. "You might be telling the
truth," he admitted. "You sure don't look like somebody who goes
around killing people. I've seen a lot of them, so I should know. How long did
you get?"
"Fifteen
years," answered Joe. As he said the words, his heart sank.
"I
got life," said Eddie. "I done thirty years, and I figure I got maybe
another twenty or so to go." He gestured toward the now empty bed.
"Make yourself at home."
Walking
slowly, Joe moved to sit on the bed across from Eddie. His shoulders slumped a
bit as he looked around the small cell. "Yeah, home," said Joe in a
voice filled with discouragement.
***********************
"Pa,
I'm back," boomed Hoss as he walked through the front door of the Ponderosa
ranch house. Stopping a minute to unbuckle his gun belt, Hoss looked around the
room. The house had seem to have taken on an exceptionally quiet, almost sad,
atmosphere lately. As he put his rolled gunbelt and tall white hat on the bureau
near the door, Hoss tried not to look at the tan hat hanging on a nearby peg.
"Pa!" he said again, in a loud voice.
"In
here," answered Ben from behind a desk in the den.
Walking
toward the den, Hoss could see his father had a pen in his hand and was studying
a paper on his desk. Although he suspected he knew the answer, Hoss asked,
"What are you doing?"
"Writing
Joe," answered Ben, still looking at the paper on his desk.
"But
he only just got there," said Hoss. He didn't need to elaborate on where
"there" was.
"I
know," replied Ben, with a curt nod. "Which is all the more reason I
want to get a letter off to him. About now, Joe must be feeling pretty lost. I
want to let him know we're still thinking of him." Then Ben sighed.
"This letter is harder to write than I thought it would be. I don't want to
sound like I'm ignoring his circumstances, but at the same time, I don't want to
dwell on his being away. It's hard to find the right tone."
"Just
write what you feel, Pa," counseled Hoss. "That's what Joe will
appreciate."
"I
suppose," said Ben doubtfully.
Looking
around, Hoss asked, "Where's Adam?"
"In
town, mailing some letters and seeing if there's any answers to the letters and
telegrams we already sent," replied Ben. "He should be back any
minute."
As
if on cue, the front door opened and Adam strolled in. He saw the expectant look
on his father's and brother's face as he walked toward the den.
"Nothing," he said, answering their unasked question.
"Well,
it's too soon to expect any answers, I guess," said Ben, shaking his head.
"We only sent the first letters and telegrams the day before yesterday. You
can check again tomorrow."
"Roy
said he send someone out right away if there was any news," Adam said.
"I
want you to go to town tomorrow to mail this letter anyway," said Ben.
"You can check again for replies then."
Raising
his eyebrows a bit, Adam said, "Another letter?"
"This
one's to Joe," stated Hoss.
"Oh,
right," said Adam, looking down.
"I'm
leaving for Carson City tomorrow to see the governor," Ben said. "I
would appreciate one of you boys writing to Joe tomorrow."
"I'll
do it," volunteered Hoss immediately. "I want to let Joe know that
brown mare had her foal, and he's the spitting image of his mama." Hoss
suddenly grinned. "I also thought I'd tell him how I got stuck riding up to
Sawtooth Canyon today to check those fences. He hates making the ride up there,
so he'll like knowing I had to do it."
"Good,
good," said Ben, nodding with approval. "That's the kind of thing we
should be telling Joe. Just keep him up to date on what's going on around the
ranch."
"I'll
write the day after tomorrow," Adam offered. "I heard in town that
Betty Langdon had a fight with Sam Goodwin and broke off their engagement."
"They
did?" said Hoss, surprised. "What was the fight about?"
"Seems
Sam was drinking with a bunch of his friends at the Silver Dollar when he was
suppose to be over at her place," answered Adam, suddenly grinning.
"When he finally did show up, Sam was a bit drunk and Betty got mad.
Evidently, she had been milking the cow when he arrived, and she said something
like if Sam want to drink, she give him give him a snout full. Then she dumped a
pail of fresh milk over his head. While he stood there dripping with milk, Betty
told him the engagement was off."
The
three men in the den chuckled as each of them pictured the girl dumping a pail
of milk over her fiancee. "Joe will get a kick out of hearing that,"
said Hoss with a smile.
"I
hope so," said Ben, suddenly sobering. He looked down at the sheet of paper
on his desk, then back to Adam and Hoss. "I hope we're doing the right
thing by writing him about what must seem like such trivial things when he must
be facing some pretty grim circumstances."
"Pa,
there's no point telling Joe how difficult we think things must be for him
now," insisted Adam. "That's not going to help him. We agreed we
should tell him what's going around here so he feels like he's still connected,
still part of the family.
"I
know, Adam," agreed Ben with a sigh. "I just hope it doesn't make him
feel like he's missing out on things."
"We
have to tell Joe something in the letters beyond the fact we miss him and are
thinking of him," Adam pointed out. "We can only say that so many
times, and that makes for some pretty short letters. I'm sure he'd much rather
hear about things around the ranch or what's happening in Virginia City. I know
I did when I got your letters in Boston."
Before
Ben could argue the point further with his oldest son, he heard a loud knock on
the front door. "I wonder who that could be," mused Ben in surprise.
He looked at Adam.
"Roy
said he would send someone out if there was any news, didn't he?"
Before
Adam could reply, Ben stood and walked quickly from his desk toward the door.
Hoss and Adam followed their father slowly, neither of them really
expecting the visitor to be bringing a message from town. It was simply too soon
to expect any replies to the flurry of letters and telegrams that had been sent.
Pulling
open the door, Ben saw a middle-aged man wearing a dark suit standing on the
porch. The black Stetson hat and boots the stranger wore suggested he was used
to the ways of the West, while the string tie and clean white shirt indicated he
wasn't a rancher or farmer.
"Mr.
Cartwright?" said the man on the porch. "I'm Nathan Green."
"Hello,
Mr. Green," said Ben a bit cautiously. "What can I do for you?"
"It's
more like what can I do for you," replied Green with a hint of a smile.
"I understand you've been looking for me."
For
a moment, Ben was puzzled. He frowned as he tried to recall the man's name or
face. Then Ben's face cleared as it suddenly occurred to him who the man was.
"Mr.
Green!" exclaimed Ben. "Of course. You were staying at the hotel the
night Elizabeth Crowley was killed."
"Yes,
I was," agreed Green. "I left the next morning to visit some mines up
near Gold Hill. I sell mining equipment, and I've been traveling to some pretty
remote places over the past few weeks. I didn't know you were looking for me
until I returned to Virginia City. When I checked into the hotel earlier today,
the clerk told me you had been trying to find me."
"Please,
come in," said Ben, pulling the door open and gesturing with his hand.
Green nodded and walked into the house. He looked at Adam and Hoss as he
entered.
"These
are my sons," explained Ben as he saw Green's glance. "Adam and Hoss."
"I
bet I can guess which one is Hoss," said Green with a smile as he
acknowledged the introductions. "Nice to meet you."
Green turned back to Ben. "How can I help you, Mr. Cartwright?"
"Why
don't we sit down," suggested Ben, as he motioned toward the couch. Green
removed his hat and strolled over toward the sofa. He acted like a man who's
curiosity was piqued rather than someone who had something to hide. Ben followed
the man and sat down in the red chair as Green eased himself down onto the sofa.
Hoss and Adam moved to stand near the fireplace.
"Mr.
Green," Ben started, suddenly not quite knowing what to say. "You may
have heard my youngest son has been convicted of killing Elizabeth
Crowley."
"I
heard about it," said Green with a brief nod. "Even in the small
mining towns, the trial was news."
"My
son is innocent," stated Ben. "We're trying to find some evidence to
clear him. We were hoping that you might have seen or heard something that night
that could help him."
"I'm
sorry, Mr. Cartwright," said Green apologetically. "I wasn't even in
the hotel when it happened. I was having dinner with a mine owner and didn't get
back until late. I didn't know Elizabeth Crowley had been killed until I heard
the talk about it at breakfast the next morning."
"So
you don't know anything about what happened that night," said Ben in a
disappointed voice.
"I'm
afraid not," replied Green.
"Did
you know Elizabeth Crowley?" asked Adam from across the room.
"I
saw her a few times," said Green. "She was a striking girl and I asked
the desk clerk who she was. But I never talked with her."
"Did
you ever see anyone with her?" asked Ben.
"Only
the young man who I understand is your son," replied Green. But as he
answered a small frown appeared on Green's face.
"Do
you remember something?" asked Adam as he noted Green's frown.
"Well,
not exactly," said Green in a hesitant voice as he scratched the back of
his head. "It's just that one night I was coming back to my room and I saw
this fellow in the hall. I had the impression he was coming from the suite at
the end of the hall, the one Miss Crowley was staying in."
"Did
you see him leaving the suite?" asked Ben eagerly.
"No,
I didn't," said Green. "But when I saw him, he was only a short
distance from the door. It appeared as if he had just left the suite, but I
couldn't be sure."
"What
did this fellow look like?" asked Adam quickly.
"Tall,
dark hair, good looking," answered Green. "He had the kind of smooth
manners and easy smile that the women seem to like. A real charmer when he
wanted to be, I'd say. Don't know what he did for a living – if
anything."
"Doesn't
sound like you liked him much," suggested Hoss.
"I
didn't really know him," admitted Green. "Just saw him around the
hotel a few times. But he was the kind of man I don't trust. I saw him talking
to a few folks, and he'd have a smiling face while he was with them, then give
them a black look as soon as their backs were turned." Green sighed.
"But I could be wrong about him. Maybe it's just I don't think much of a
man who goes around painting pictures."
"HE
was painting pictures!" exclaimed Ben.
"Yes,
I saw him a few time while I was riding around visiting the mines," said
Green. "He was in a meadow once, and I recall seeing him near the lake. Had
an easel set up and was painting away both times I saw him."
"Of
course!" Adam burst out. He turned to Ben. "That makes sense. I don't
know why I didn't see before now."
"See
what?" asked Ben in a puzzled voice.
"Well,
Elizabeth had five paintings she claimed she had done while she was in Virginia
City," explained Adam. "That's a lot of painting for a girl who spent
quite a bit of time with Joe while she was here. She would have had to been
painting full time to finish five pictures during the few weeks she was in this
area. Elizabeth didn't paint the pictures. Her accomplice did the painting while
she charmed Joe. It also explains why the paintings are missing."
"How
do you figure that, Adam?" asked Hoss with a frown.
"Well,
if this fellow painted the pictures, he wouldn't have wanted to leave them
behind," said Adam. "Any artist is proud of his work, and if he left
without the paintings, there's no telling what would have happened to them. They
could have been stored away or even destroyed. He couldn't stand to let that
happen."
"But
if he's so proud of his paintings, would he try selling them?" asked Ben.
"Maybe our search for the paintings is pointless."
"Well,
he's going to need money," said Adam. "Besides, artists don't paint to
keep pictures hidden away. He'd want his pictures to be seen."
"You're
probably right about him needing to sell the pictures if he needs money,"
commented Green. "He didn't look like the kind of man who was used to hard
work. And out here, hard work is the only way to make money. That or maybe
robbing a bank."
"Do
you have any idea what this man's name was?" asked Ben anxiously.
Green
looked to the floor and frowned, obviously trying to remember. "I think I
heard his name once," said Green slowly. He thought for a minute longer.
"Johnson," he said suddenly. "Yes, I'm sure that's it. I heard
one of the waitresses in the dinning room call him Mr. Johnson."
"Johnson,
eh. I'm sure that's his real name," said Adam dryly.
"Well,
that's the name he used," said Green with a shrug.
"Wasn't
that the name of one of the men we couldn't find?" asked Ben.
Nodding,
Adam said, "Yes. Fred said he checked out of the hotel very early on the
morning after the murder. We traced him as Reno. He had rented a buggy in
Virginia City and left it Reno. But we couldn't find him in Reno. We figured he
probably caught a stage from there, but there was no way to tell for sure where
he went."
"But
Fred would have noticed if he was carrying them pictures when he checked out,
wouldn't he" asked Hoss.
"He
wouldn't be carrying them through the hotel," replied Adam. "That
would be too obvious and could make him a suspect. It would have proved he had
been in Elizabeth's suite. He probably stashed them someplace and picked them up
after he checked out of the hotel."
"But
wouldn't someone in Reno have noticed a man with paintings?" asked Ben.
"They
might have, but we never asked," admitted Adam. "All we did was try to
find a fellow named Johnson who had recently come from Virginia City. We didn't
think to ask about a man with paintings then."
"And
he probably wasn't using the name Johnson in Reno," added Hoss.
"I'll
go over to Reno tomorrow and start asking around again," stated Adam.
"Maybe this time, someone will remember a man with five paintings."
"Mr.
Green, thank you for your help," said Ben turning toward the man on the
couch. "You may have given us a lead that might help us find the man who
killed Elizabeth Crowley."
"Glad
I could help," said Green, getting to his feet. He hesitated, then added,
"I cover a lot of territory in Nevada. I visit a number of small mining
towns as well as travel through the mountains. I'll be happy to ask around about
this fellow as well as keep my eyes open for him. If I see or hear anything,
I'll let you know."
"We'd
appreciate that," said Ben gratefully. "We'll be happy to give you a
reward for any information you can find."
"No
need for that," said Green with a wave. "I know the Cartwright name.
You have a reputation for being good people, and aren't the kind who go around
killing people. I don't know if
your son is really innocent or not, but if he is, I would like to help him. I
don't like to see any innocent man go to prison, especially not a young fellow
like your son."
"Thank
you," said Ben again. His heartfelt gratitude was evident in his voice.
As
Green walked across the room and left the house, Ben turned to Adam and Hoss.
"This is the first real evidence we have of another man involved with
Elizabeth Crowley" he said in an excited voice. "When I see the
governor, I'll tell him about it."
"It
still doesn't prove Joe didn't kill the girl," said Adam cautiously.
"It just means someone else painted the pictures and probably took them
after Elizabeth was killed."
"You're
right, Adam," agreed Ben with a crestfallen look. "It doesn't prove
anything, does it."
"But
it does give us a lead," Adam said. "I'll ride over to Reno tomorrow
and start asking around." He hesitated, then said, "I wouldn't say
anything about this to Joe yet. I wouldn't want to get his hopes up unless we
think we've picked up this Johnson's trail. It's been a long time. We might not
be able to find him."
"You're
right," agreed Ben in a voice that suddenly sounded tired. He looked toward
the desk in the den. "I'd better finish the letter to Joe. I can at least
tell him we're thinking of him. I just won't tell him that the man who really
killed Elizabeth Crowley may have disappeared without a trace."
************
"The
governor will see you now, Mr. Cartwright," said a young man in a gray suit
as he stood near the door of an office.
Rising
from one of the plush chairs in an ornately decorated hall, Ben walked toward
the wooden door which seemed plain in contrast to the waiting area. He nodded at
the young man as he walked past him and into a large office. Ben heard the door
close behind him.
Concentrating
his attention on the man behind the desk at the back of the office, Ben didn't
pay any attention to the finely made furniture or elegant decorations of the
office. He had been in this office before. In the past, his visits had been
concerned with issues that Ben had felt were important, but the outcome of his
previous visits had never been as critical to Ben as this one.
"Ben,
come in," said the man behind the desk. He rose and extended his hand.
"Good to see you."
Crossing
the room, Ben walked to the desk and shook the hand of a man in his forties with
thick dark hair. The governor wasn't a big man, but he exuded an air of
confidence and energy that made him seem to dominate the office. "Thank you
for seeing me, governor," said Ben.
"Please
sit down," said the governor, pointing to one of the chairs in front of the
desk. The governor sat as Ben eased
himself into the chair. He gave Ben an almost wary look as he added. "What
can I do for you?"
Knowing
the governor was a man who liked direct talk, Ben said bluntly, "I've come
because my youngest son, Joseph, has been convicted of killing a young woman and
sent to the Territorial Prison."
The
look grew on the governor's face grew even more cautious as he nodded briefly.
"Yes, I'm aware that, Ben. I've followed the trial closely."
"Governor,
my son is innocent," stated Ben. "I'm here to ask you to commute his
sentence and allow him to come home while we look for the man who actually did
the killing."
"Do
you think you know who killed this girl?" asked the governor in surprise.
"We
have some leads," said Ben. "We know the paintings the woman
supposedly did are missing, and we have a witness who saw a man we believe is
the killer. My other sons and I are searching for both the paintings and the
man. We feel it's only a question of time until we find both."
"I
see," said the governor in a non-committal tone .
"My
son is innocent," stated Ben again. "With your help, we can get him
out of that prison and bring him home where he belongs."
The
governor looked across the desk at Ben, silently considering the man who sat in
front of him. Suddenly, he rose and walked to one of the windows behind the
desk. Ben waited anxiously as the governor stared out the window, obviously
giving some thought to his request.
"Ben,"
said the governor without turning around, "why did you support me for
governor?"
Startled
by the question, Ben said, "Well, because I believe you to be fair and
honest, a man people can trust."
Still
staring out the window, the governor nodded. He stood silently for another
minute, then turned to look at Ben. "I'm well aware that without your
support, I probably wouldn't be in this office," said the governor.
"But I also believe you're not the kind of man who would expect some kind
of payment for that support."
"I
didn't back you because I expected something in return," said Ben
indignantly. "I did it because I thought you were the best man for the
job."
"I
know that, Ben, and I appreciate it," said the governor in a calming voice.
He walked back to the desk and sat down. "And because I am an honest man, I
can't honor your request to commute your son's sentence."
While
not entirely surprised at the governor's answer, Ben still felt a keen sense of
disappointment. He looked down and simply nodded.
"Ben,
I followed the trial closely as I said," continued the governor. "And
I'm aware that your son was convicted on mostly circumstantial evidence. I had a
feeling you might come to me, and I've thought long and hard about what I might
be able to do to help. But there's no legal reason for me to commute Joseph's
sentence. The only reason I would have is to help someone who helped me. An old
friend to be sure, but nevertheless, I would be circumventing the law. And I
just won't do that."
"Jim,
I wouldn't be asking you to do this if I didn't honestly believe Joseph is
innocent," said Ben earnestly. "As you indicated, the evidence is
circumstantial. I know my son. He's not a killer or a liar. He told me he's
innocent and I believe him. All I'm asking is that you allow him to be released
from prison until we can prove his innocence and have the conviction
overturned."
"I
don't believe your son killed the girl," the governor agreed. "But,
Ben, you don't have a shred of evidence that points to someone else might have
killed her."
"Not
yet," stated Ben firmly. "But we'll get it."
"And
when you do, bring it to me," said the governor. "As soon as you can
show me something, anything that's proves your son may be innocent, I'll commute
his sentence. But I can't do it now, not based simply on your belief that Joseph
is innocent."
"Then
there's nothing you can do," said Ben sadly.
"I
can't commute the sentence," said the governor. "But I have been in
touch with the warden to let him know I have a special interest in this
particular prisoner."
"You
haven't asked him to give Joseph special treatment, have you?" said Ben in
alarm. He remembered Ed Steven's
caution that a prisoner who received special treatment from the warden often
suffered at the hands of the other prisoners.
"No,
I didn't," replied the governor to Ben's relief. "And even if I had, I
doubt the warden would have complied with my request. The warden doesn't believe
it's his role to judge who is guilty or innocent. All he's concerned about is
making sure each man serves the sentence he has been given." The governor
gave Ben a brief smile. " But he's a good man, Ben. That's why your
committee appointed him. He truly believes running a prison is a difficult task,
but one that should be done with honesty and a sense of compassion. He took on a
hard job because he feels men like himself need to get involved in order to
insure the job is done correctly."
"I
know that," said Ben. "The committee was impressed with his sense of
commitment."
"The
warden will follow the rules," continued the governor. "And he'll make
sure your son does the same. But that doesn't mean he can't make your son's stay
in prison - well comfortable
probably isn't the right word - let's say tolerable."
"I
appreciate that," said Ben.
"I
know that your son has been assigned to a cell with a man that the warden
trusts," added the governor. "The man is serving a life sentence, but
he's considered to be a model prisoner. The warden believes the man will show
Joseph the ropes, as they say, and help him stay as safe as possible in what we
all know is a hazardous environment."
Sitting
back in the chair, Ben felt a sense of relief. He had been afraid to think about
the kind of man with whom Joe might share a cell, not to mention the dangers his
son could face from the other prisoners - many of them serving life sentences
and feeling they had nothing to lose. The fact that the warden and the governor
had taken steps to protect his son as much as possible filled Ben with both
gratitude and some comfort.
"Thank
you," said Ben, his voice conveying his deep emotions. "And please
express my gratitude to the warden."
"It's
not much, Ben, " admitted the governor. "I wish I could do more."
The governor rose, signifying the meeting was over.
"I
understand your position," said Ben as he held out his hand to shake the
governor's hand. "I appreciate what you've done."
As
Ben turned to leave, the governor said, "Ben, if you find any evidence, you
let me know right away. I promise I'll drop whatever I'm doing and wire the
warden immediately."
"Thank
you," said Ben once more. He walked to the door of the office and pulled it
open. As Ben left the governor, his thoughts turned to his sons. He wondered
what Joe was doing, how his youngest was faring. And he wondered if his oldest
son had found anything in Reno that would allow them to bring Joe home.
**************
Lying
on the bed in his cell, Joe wondered if it was possible to go crazy from boredom
in just a couple of days. If it was, Joe decided, he was going to be a candidate
for the loony bin shortly.
He
couldn’t remember a time in his life when he had done absolutely nothing and
seen practically no one as he had over the past three days. Even when he was in
the Virginia City jail, he had at least had his father, brothers and the sheriff
to talk to. But in this accursed hole, as Joe had privately begun to call the
prison, he only had Eddie.
It
wasn’t that Joe minded spending time with Eddie. At first, the two men had
treated each other warily, like two boxers feeling each other out at the
beginning of a fight. But the long hours in the cell together and the sheer
boredom of virtually nothing to do had eventually led to both opening up more
and more. It hadn’t taken long before the two had exchanged stories on the
circumstances that had led to them sharing a cell, and then to discussions on
just about everything. Joe had found Eddie to be witty, intelligent and easy to
talk to. He also found the man very knowledgeable about the prison. There
didn’t seem to be a single thing going on in the prison that Eddie didn’t
know about, from who was getting out to which guard had had a fight with his
wife.
No,
Joe didn’t mind talking with Eddie. It was just that Eddie seemed to spend
more time out of the cell than in it. He was escorted from the barred room each
morning after breakfast and returned just before the evening meal was shoved
under the door of the cell. Eddie had managed to get himself assigned to two
work details, the result of his long years of good behavior. He spent the
mornings in the warden’s office, sorting mail and taking care of other small
jobs, and the afternoons in the stables, caring for the horses that pulled the
prison wagons and provided the transportation for the guards. Joe was happy for
Eddie’s sake that the man had found a way to spend most of his time away from
the cell, but he also was a bit jealous. Each time he saw the guard escort Eddie
from the cell to the fresh air of the yard and the company of others, Joe felt a
pang of envy.
The
sound of muted voices, a shout or two and the clanging of cell doors
reverberated through the hall outside Joe’s cell. He found it a bit eerie to
be able to hear the sounds of others around him but never see more than just a
glimpse of someone walking past the cell. It was as if a world of activity was
going on and Joe had been left out. He felt ignored, as if no one even knew he
existed. It was a depressing feeling.
Just
as Joe was thinking about getting up to pace the cell for the hundredth time to
see if there was any possible cranny he had failed to find in the last three
days, he heard footsteps approaching. Joe wondered if the relief showed on his
face as he saw Eddie standing by the door, patiently waiting for the guard to
unlock the cell.
“Ah,
home sweet home,” said Eddie in an ironic voice as he strolled into the cell.
He flopped on the bed across from Joe as the guard locked the door. “I found
out some good news today. Henry is out of the infirmary and back to supervising
the cooking. We should be getting some decent meals again, starting with
dinner.”
The
poor quality of the food that Joe had eaten over the past few days hadn’t
helped his feeling of depression. Eddie had assured Joe that the food was
usually better, that a former restaurant chef usually supervised the cooking.
The man had become burned his arm in a grease fire, but Eddie was sure Joe would
like the food much more once the chef was back at work. Joe had listened to
Eddie with an air of disbelief. After a lifetime of Hop Sing’s fine meals, Joe
doubted anyone’s cooking could satisfy him. He also wondered what the chef had
done to end up in prison. Joe hoped it hadn’t been for poisoning his patrons.
“I
saw Henry over at the cook house,” continued Eddie, “yelling and pounding on
pots, just like his old self. I wouldn’t be surprised if we ended up with one
of those fancy stews he makes. Those are real tasty.”
“Swell,”
said Joe in a disinterested voice. He turned over to lay on his stomach and
stared at the back wall of the cell.
“Being
locked in is finally getting to you, isn’t it,” said Eddie with a chuckle.
“That
doesn’t even begin to describe it,” complained Joe. “I feel like I’m
about one step away from starting to climb the walls.”
“The
warden always keeps the new men locked up for three days,” said Eddie. “His
theory is that if you find out right away how bad it is to be confined, you’ll
do anything to avoid it. And that means obeying orders and not causing
trouble.”
“Well,
he’s right about that,” agreed Joe grudgingly. “I’ll do just about
anything to avoid having to spend all my time in here. I’d even take running
the slop wagon,” said Joe, referring to the cart that came by each day to
empty the chamber pots in the cell.
“That’s
punishment duty,” said Eddie. “You ain’t done anything to deserve that, at
least so far.” Eddie studies Joe for a minute before adding. “I checked the
duty roster in the office. Starting tomorrow, you’re on stable duty, helping
me with the horses.”
“I
am?” said Joe, sitting up abruptly. “That’s great!” he added in an
enthusiastic voice.
“Don’t
be thinking it’s too great,” cautioned Eddie. “You’re going to be toting
water and mucking out stalls. It’s going to be dirty, hard work. It’s not
the plum duty you might think it is.”
“I
don’t care,” said Joe. “At least I’ll get out of this cell and into the
yard for awhile. Besides, I grew up cleaning stalls and hauling water. And I
know a lot about horses.”
“I
don’t know how much expertise it takes to clean out a stall,” said Eddie
with a grin. “But you have to be better than the last guy who was helping me.
Some bank clerk in for embezzlement. He complained about the work the whole time
he was doing it, and then did a poor job of it. I think I was counting the days
until he was released almost as much as he was.”
“I
promise you’ll get the cleanest stalls in Nevada,” said Joe solemnly. He
shook his head almost in awe. “I’m going to be able to get out of this
cell,” he added softly.
“It’s
only for a couple of hours a day,” said Eddie. “You’ve got to work your
way up to more time out.”
“A
couple of hours is better than nothing,” said Joe. Then he grinned. “Think
the guard will think I’m trying to escape if I’m standing at the door when
he comes?”
“Oh,
he’ll probably figure you’re just a bit crazy, like the rest of us,” said
Eddie with a smile.
“They’ll
come for you right after the noon meal, and I’ll meet you over at the stables.
If I’m not there when you get to the stables, you start cleaning out the
stalls, you hear?”
“Yes sir,” said Joe, giving Eddie a mock salute. “One set of clean stalls coming up.”
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