TIME
November 15, 1881
There was a knock at the door. Victoria, who was coming down the stairs, headed for it, but Nick, coming from the library was one step ahead of her.
"I'll get it, Mother," he said and opened the door to the mid-November cold.
Victoria waited to see who it was.
They weren't ready for who it was. He was thinner, unshaven, dirty and long-haired. There were a couple holes and an ugly brown bloodstain on the left arm of his coat, and when he looked at them, it was the look of an angry stranger.
He said, "Nick, Brand Calloway confessed that he was the man who attacked Carolyn. He's in Fred Madden's jail."
And he turned and began to walk away.
"Jarrod!" Victoria cried and started after him, but again, Nick was a step ahead of her.
Jarrod stopped at the edge of the porch but did not turn around until Nick took hold of his arm. He crumpled briefly in pain – the wound was still healing and the muscle was still really sore. But then he stood up straight and turned around.
"Jarrod, come inside," Victoria said.
Jarrod looked from her and back to Nick.
"Please, Jarrod," Nick said. "We've missed you."
They were both smiling at him, but Jarrod did not smile. Smiling did not come easy to him anymore. But when Victoria came close to him and hugged him, he hugged her back, and closed his eyes.
When he opened them, he saw Carolyn standing in the doorway, holding Tommy. He seemed to have grown a foot since Jarrod saw him last. He looked shy and befuddled. But Carolyn smiled and soon she walked up to Jarrod.
Jarrod shook his head, "Carolyn, I'm sorry."
"There's nothing to apologize to me about," she said. "You were right, I was wrong. You found the guilty man and defended the innocent one. What is there to apologize about?"
"Putting you through hell on the stand."
"That's forgotten weeks ago."
"Nevertheless, I am sorry. Getting Calloway was the only way I could think of to make it up to you."
She kissed him on the cheek and said, "And you've done it, and it's all over. Welcome home."
November 2, 1881
It was very late and very cold like any November evening, and he hadn't stopped yet, even though he kept drifting off in the saddle. He had been hoping to make it to Carson City, but he finally gave up on the idea when he came across a small spring he could hear gurgling in the dark. The moon was bright, but it was still tough to see exactly where the spring was. He dismounted and found grass under his feet. Then he accidentally stepped on some ice and his foot slipped into the runoff of the spring. The cold water on his foot made him jump. He let his horse drink from the runoff until he lifted his head, and then he tied him off at a nearby tree and unsaddled him.
He brushed his horse well, first after wetting the brush in the spring, then as it dried out. His horse whinnied happily and grazed on what grass there was left this late in the year.
He made camp then, starting a fire, making coffee, getting some dried beef and fruit out of his saddlebag for his dinner. His foot did not want to dry, so he took his boots off and warmed his feet by the fire.
Carson City, he thought to himself. Just how can I expect to catch up to him in Carson City when I didn't find him in Placerville or anywhere else in California? Hell, I don't know.
He let his mind drift a little too much and did not hear the footsteps coming until it was too late.
"Stay easy, friend," the deep voice said as Jarrod was reaching for his gun.
Jarrod moved his hand away from his gun and stared into the face coming into the firelight and holding a gun on him. "What do you want?"
"I want to know why you've been doggin' me."
"I haven't been dogging anybody."
"From Stockton to Sacramento to Placerville and every place in between, every time I turned around, you were there behind me. I know who you are, Mister Lawyer Barkley. I saw you in Stockton. I wanna know why you ain't there anymore and why you been doggin' me for weeks now."
"Well, you tell me. If I'm dogging you, why would I be doing it?"
The face behind the gun started to snarl, then smiled a nasty smile. "Well, now, how would I know why? I just ain't gonna stand for it anymore."
"You're going to kill me?"
"I'd get away with it easy. There's nobody out here for miles. The coyotes and bears would take care of your carcass before anybody came across you. But that's not the way this is gonna go. I'll take your horse and your ID and the weather will take care of you. You'll be just another cowboy left afoot with winter comin' on. Hand over your wallet."
Jarrod reached into his coat and held his wallet out. The man took it and put it inside his coat.
In that instant, Jarrod drew his gun. The man saw him do it. They both fired at once.
They hit each other. Jarrod felt the bullet tear clean through his left arm, and he went down on his side, but rapidly sat back up again. He looked and saw the other man flat on his back on the other side of the fire.
Jarrod got up and carefully went over to him. He was hit across the top of his head – unconscious, but Jarrod checked his pulse and found it was strong. Quickly, Jarrod tossed the man's gun aside. Then he grabbed the bandana around his own neck, pulled it off, and wrapped it tightly around his bleeding arm. Both of us are going to have to find some medical help and spend some time healing, he thought. I'm gonna have to find your horse and get us to Carson City tomorrow, somehow.
Then he got some rope from his saddle and tied the man up good. It wasn't easy with one good arm, but he did it. Then he sat down again, a little light headed, and looked at the man from the other side of the fire. The man groaned. Jarrod sighed.
Brand Calloway. Finally.
November 1, 1881
"Daddy!"
Nick moaned and remembered how his mother once said she wished that he would have children just like he was, just so she'd feel some sense of justice in the world. She got her wish. Two-year-old Tommy was as a great a bellower as his father was, never entering the house or even a room without a great big two-year-old bellow.
"I'm right here, little man. You don't have to shout every time you turn a corner."
Tommy scrambled up into his father's lap in the chair by the fireplace. He perched on his knees on his father's lap and held him around the neck. "Mama wants me to go to bed!" he shouted into his father's face.
Nick shut his eyes momentarily against the onslaught of two-year-old bad breath. "Quiet down, now. No more shouting."
"No more shouting," Tommy said softly.
"That's much better," Nick said as his wife came in from the kitchen.
Carolyn Barkley looked annoyed.
Nick noticed. "Uh-oh, somebody's in trouble and I think it's you," Nick said to Tommy.
Tommy shrank down, as if to hide from his mother, but Carolyn got hold of him under the arms and lifted him up. "You're going to bed, Tommy, right now."
Tommy wriggled and moaned, but Nick cut him off. "Mama is the boss, so you do what she says."
Tommy settled down. Carolyn took him into a hug and let him lean down to kiss his father good night.
"Good night," Nick said to him. "Now, you go to sleep, and tomorrow I'll take you out to see the cows, all right?"
"Yea!" Tommy said.
Carolyn leaned over and kissed her husband. "I'm going to get ready for bed as soon as Tommy is down. You'll come up soon?"
"Soon," Nick said, smiling.
As his wife and son went up the long staircase to the bedrooms, Nick leaned back again in the armchair and gazed for a little longer into the fire.
Heath came in from outside the house a moment later. He tossed his hat onto one of the tables near the front door, strode into the parlor and took the chair next to Nick, heaving a big sigh. "Just once I wish those mares would deliver in the daylight."
"Sky Lady delivered?" Nick asked.
"About five minutes ago. Nice little filly. Armando and Theo are taking care of things. How does the name 'Little Sky' hit you?"
"Hits me fine," Nick said. But he seemed a bit far away.
"What's got you so pensive?" Heath asked.
"It's been almost a month now," Nick said. "I was just thinking."
"Nick, one of these days, you're gonna have to let it go," Heath said. "It's up to Jarrod to come home again, and until he decides to do that, there's nothing we can do."
"Tell that to Mother," Nick said.
"She's a strong woman. She's always been ready to let her children go."
"Not like this."
"So just what do you think you can do to get him to come home? We don't even know where he is. There's not a thing we can do."
With a deep sigh, Nick looked up at the ceiling. "I thought he'd be home within a day or two, and then when we found out he wasn't in San Francisco, it was just too late to go looking for him. I feel like I've got to do something to try now, for Mother's sake. With Audra getting married and moving to town, me building the new house for Carolyn and Tommy and me, Eugene never coming back from Boston at all and you planning to get married next fall – and Jarrod gone to who knows where. She's gonna be alone in this big empty house."
"No, she isn't. You'll be here for another six months at least, and Abby and I are planning to move in here after we get married."
Nick looked over with a raised eyebrow. "Really?"
"Yeah, we talked about it and talked to Mother about it, and she's fine with the idea." Then he read Nick's eyes a little differently. "Are you?"
"Yeah, I guess. I just thought you'd want your own place, too."
Heath smiled. "You know how much I've come to love your mother."
"OUR mother," Nick corrected him.
"That's my point," Heath said. "She IS my mother. This IS my home. Abby and I want to be here for her, take care of her when she needs it, have our kids running around her all day long like Tommy does now. Abby likes the idea, Mother likes the idea, I like the idea. It's what we all want."
"Okay," Nick said with a grin. "Okay!" And he slapped Heath on the thigh.
"So quit staring into that fire and get yourself up to bed with your wife," Heath said.
"Oh, I will," Nick said. "After I give her a few minutes to get Tommy to sleep."
Nick looked back into the fire, and Heath followed his gaze. They were silent together for a moment before Nick spoke again.
"I wonder where he is."
Heath knew Nick was not talking about Tommy anymore. "I don't know," Heath said, "but it's his choice. We gotta respect it."
"What if he's in trouble?"
"I'd like to think he'd turn back to us if he was."
"I hope you're right."
October 22, 1881
The snow was getting worse, and Jarrod was happy to be arriving in Placerville. At least here there was a warm bed and warm food, even if he didn't have the slightest idea how he was going to pick up Calloway's trail. Placerville seemed like the best place to try. Jarrod had tracked him from Sacramento by the brand new shoe on his horse that he had gotten in a small town not far from Sacramento and knew he was heading in this general direction. He had to be wanting a warm bed and warm food, too. Maybe, if he didn't realize he was being followed, he might even stay somewhere nearby and take a job, giving Jarrod more time to find him.
He had been weeks of following this guy, who wandered around the area in anything but a straight line, like a fox looking for food. The only thing that kept Jarrod moving was that he occasionally caught sight of Calloway from a distance. He had found towns where Calloway had been, but somehow Calloway always took off before Jarrod got to him.
Jarrod took his horse to a livery stable and made sure it was tended to. He talked to the man at the stable there, asked if he had seen a stranger in town matching Calloway's description, or any man with a horse that had a brand new shoe, but the stable man just shook his head.
Before finding a hotel, Jarrod went to the local sheriff's office. The sheriff was sitting by a warm fire, looking through some papers. He looked up when Jarrod came in and said, "Can I help you?"
"I'm looking for a man," Jarrod said. "Named Brand Calloway."
"Is he supposed to be from around here?"
"I doubt it. He'd be passing through, maybe staying looking for a job."
"What do you want him for?"
"He's a suspect in an assault on a woman."
"You a lawman?"
Jarrod shook his head. "No. I'm an attorney."
The sheriff looked him up and down. He looked awful ragged for an attorney. "You been on the trail for a while?"
"A while," Jarrod said. "You seen Calloway?"
"Not that I know of, but if they don't misbehave in Placerville, I don't see them. What's your name?"
"Jarrod Barkley."
"Barkley. Don't I know that name? Stockton?"
Jarrod nodded.
"You planning to kill this man?"
"If I was I guess I wouldn't say so, would I?"
"Well, sometimes a man is so set on killing another man he doesn't care who knows it."
Jarrod was immediately reminded of himself, several years earlier, when he really was that set on killing a man and came within seconds of doing it. But not this time. "I'm not out to kill him. The woman he tried to hurt is all right."
"Your woman?"
"No. My brother's. This guy is not one to stay out of trouble for long, so if he's here and he stays for any length of time, you'll probably be seeing him."
"What does he look like?"
"A little shorter than I am, sandy-colored hair. If he has a beard, it'll probably be red."
"I'll keep my eyes open. Where you gonna be?"
"Is there a decent hotel in town?"
"California House, about a hundred yards east. Good beds, good food."
"That's where I'll be for a couple days."
"What are you gonna do if he doesn't turn up here?"
"I'm betting he will, if he isn't here already. If he doesn't, I have some other ideas about where to go."
Jarrod decided not to mention that he had caught sight of the man off and on since he left Stockton. He really didn't want the sheriff to contact anyone in Stockton. He tipped his hat to the sheriff and left to find the California House.
October 15, 1881
Nick pulled the wagon up in front of the mercantile in Stockton, got out and helped Carolyn down. He couldn't help giving her a kiss on the lips – she was just too beautiful to resist.
"Nick!" she said, embarrassed. "In front of the whole town?"
"Aah, let 'em be jealous," Nick said. "I don't get too many days alone with my wife. I don't plan to waste too much time."
"Well, you'll have to waste a little of it," Carolyn said. "There's a lot of shopping I want to do that won't interest you at all."
"Well, I've got a few errands of my own that won't interest you at all. So, I'll see you over at the Stockton House at about noon."
"Are you going to stop by Audra's house?"
"Among other things."
"Give her my love, and – good luck with those other things." She thought she knew what he'd be doing.
Nick gave her another kiss. She didn't mind at all this time.
Carolyn went into the mercantile, and Nick tied the wagon up at the hitching post there. From there, he went straight to a small house a couple streets over, not far from Audra's home. It was the home of a young woman named Leslie who helped Jarrod at the office from time to time.
She answered when he knocked at the door. From the clothes she wore, she'd obviously been cleaning house. Nick took his hat off and said, "Hello, Leslie. How are you?"
"Nick!" she said, surprised. "I'm fine, how are you?"
"Good. May I come in?"
"If you don't mind a little dust and dirt."
"I'm no stranger to dust and dirt," Nick said, and Leslie let him in.
"Frank doing okay?" Nick asked.
"Just fine. He's been pretty busy at the bank."
"That's good. That's good. I was wondering if you'd heard anything from Jarrod lately."
"Not since the note he left me."
Nick felt a little jump in his spirits. "He left you a note?"
"About ten days ago, right after the Moran trial."
"What did he say? Do you still have it?"
"No, I didn't keep it. All he said was that he'd be out of town and would I collect the mail and just respond he wasn't available if I thought anything needed attention right away."
"Did he say where he was going? San Francisco maybe?"
"No. In fact, I wrote Angie in San Francisco."
Angie handled Jarrod's office work in San Francisco. "Did you hear back from her?"
"She wired me the day before yesterday," Leslie said, her eyes beginning to worry over. "He's not there, and she got a wire from him from here right after the Moran trial, saying the same thing he told me. Nick, I thought he was away on family business or something. Is everything all right?"
"Well, I'm not sure," Nick said. "We haven't heard from him. Probably nothing to worry about. If you hear anything from him, will you let me know?"
"Of course. Is there anything else I can do?"
"No, just keep an eye on the office mail, like he asked. He'll probably have a ton of work to do when he gets back."
Nick headed for the door. Leslie followed him. "If you hear from him, will you let me know?"
Nick smiled, sorry he had worried her. "I will. Don't worry about him. I'm sure he's fine."
She still looked worried, and Nick couldn't do anything to get that look off her face.
Nick went to see his sister next. She lived only a few doors down from Leslie with her husband of about a year, who also worked at the bank. Nick hadn't seen her since the Moran trial ended, and she looked genuinely happy to see him when she found him at the door.
"Nick! I didn't know you were coming to town! Is Carolyn with you?"
Nick came in, carrying his hat. "Yes, but she's off shopping. She sends her love."
"I know how much you enjoy shopping," Audra said. Then she noticed he didn't look very happy. "What is it? Has something happened?"
"No, I don't think so, it's just – well, Jarrod and I had bit of a row after the Moran trial and nobody's seen him since."
Audra would have chewed him out, but he looked so concerned she couldn't do it. "None of us were happy about the outcome, except Jarrod. I guess it's no wonder he felt a little – abandoned."
"It was a little worse than that. I – threw him out."
"Oh, Nick."
"I know I made a mistake. I just didn't expect him to take off and not let anybody know where he was going. I guess you haven't heard anything."
"I didn't even know he was gone." Audra looked genuinely upset now. "What are you going to do? Who have you talked to?"
"I talked to Leslie. She had a note from him after the Moran trial to just keep an eye on the mail, and she said Angie in San Francisco got the same message."
"How about Sheriff Madden? Have you asked him?"
"That's where I was going next."
"What can I do?"
Nick shook his head. "Nothing, just let us know if you hear from him."
"That's all? Aren't you going to go look for him?"
Nick erupted. "I don't know where to look! I can't find anybody to help me figure out where to look!"
Audra decided she'd been a bit hard on him. He was obviously being hard on himself. "Maybe the sheriff will have some idea. I'll let you know the minute I hear anything."
Nick kissed her on the cheek. "Thanks, sweetie. I'm – sorry about all this."
Audra nodded. "Take care of yourself."
Nick nodded and left.
He went to the sheriff's office next and found Sheriff Madden up to his ears in his own paperwork. "Sorry, Fred, I didn't know you were so busy," he said as soon as he opened the door, and he began to back out.
"No, no," the sheriff said. "Come rescue me from this. I can't take it another minute."
Nick came in, chuckling.
"I don't know how your brother Jarrod does this for a living," the sheriff said. "Paper has got to be the most diabolical invention man ever came up with."
Nick chuckled again. "Speaking of Jarrod, have you heard anything of him lately?"
"No, not since the night of the Moran trial."
"The night? He came by here?"
"I ran into him in the street. He was all decked out to go hunting."
"Hunting?"
"Had his rough clothes on. Horse had a bedroll and a rifle and saddlebags. Looked like he was planning to be gone for a while. Didn't he tell you?"
Nick sighed. "No, he didn't. I wonder what he was planning to hunt?"
"Now, that he didn't say." Sheriff Madden had the worried look now, too. "Come to think of it, he didn't say much. It was just my thought he was planning to go hunting."
"Did he ask you anything? Anything that might give an idea where he was going?"
"Well, he was ready for cold weather, that was for sure. I'm sorry, Nick, I didn't think anything about talking to you about it. You think he's got trouble?"
Nick sighed again. Yeah, Jarrod had trouble, but not the kind the sheriff had in mind. "No," Nick said instead. "I think he just – needed a little time to himself after that trial and decided to go take it. If you hear anything of him, would you let me know?"
"Sure. Sure."
Nick left.
He met Carolyn in front of the Stockton House. She took one look at him and said, "Nobody knows anything about him, do they?"
He hadn't even told her he had planned to ask around about Jarrod. She just knew. Nick shook his head.
Carolyn lifted his chin and kissed him. "It'll be all right. It'll just take time."
Nick smiled a little and kissed her again. "Time," he said, and nodded.
October 10, 1881
Sacramento was too big a town for Jarrod to expect he'd find Calloway here on his own. He wasn't even entirely sure the man had come here, but asking around the ranch where Joe worked, it seemed likely he was heading up this way. There was no information that would lead him anywhere else.
Luckily, Jarrod knew a lot of people here, many of which would frequent the types of places Calloway would. He touched base with a dozen of them the first day he arrived before he touched base with the local police, whom he also knew very well.
It was like seeing old friends when he went to the police station. Lots of handshakes all around, lots of "how are the wife and kids," lots of "how are the Barkleys of Stockton these days."
To that question, Jarrod just said, "Fine, fine." He really had no idea if that was true, but he didn't want anyone delving into the subject more, and he didn't want anybody contacting the family either. He was just as content they did not know where he was.
But after he checked into a hotel – not his regular one – and lay down to rest a bit, he let some things catch up with him.
Five days, and he still had no desire to contact his family to ease any worry about him they might be having. He asked himself if he was just being spiteful, and yes, he admitted there was something of that going on. There was also something of just being tired of having to justify himself over and over again whenever he took an unpopular case. There was also something of truly believing in Joe Moran and being angry that no one else did, even though the man was his life-long friend.
Enough of this, he decided. It was only churning up his anger and his stomach, too. It was time to look around the saloons. There were plenty of them to search. Calloway was bound to be in one of them.
But he did not find Calloway that evening, or the one after. The best he ever came up with in Sacramento was a message from one of the police officers that a man matching Calloway's description had boarded a horse overnight at a certain livery stable. When Jarrod went to that stable, he learned Calloway had already left and the man there did not know where he had gone.
"But," the man said, "I expect he'll be stopping somewhere again soon. He didn't believe me when I told him he'd be throwing a shoe before too many more miles. Thought I was trying to cheat him." The man laughed. "That was me having the last laugh."
"Which shoe?" Jarrod asked.
"Left rear," the man said.
"Did you see which way he went?"
"East, that's all I saw."
Jarrod thanked the man and went to the livery where he had his horse stabled. He was back on the trail immediately.
October 5, 1881
Victoria reached for Tommy's hand, and he let her take it. Carolyn looked at her gratefully but she was clearly upset, and Nick was bursting through the door like an angry bull.
Victoria said, "Come on, Tommy, let's go into the kitchen and see if we can find something good to eat."
Tommy wandered off with her, leaving his parents alone in the foyer. After being left for several days with his Aunt Audra, he was happy to be home again and "something good to eat" sounded good.
Nick put his arm around his wife and moved her into the parlor, where she finally pressed her body against his and began to cry. "I'm sorry, I'm sorry," she kept saying.
"You've got nothing to be sorry about," Nick said. "Nothing at all."
Carolyn looked up at the anger in his eyes and knew where it was directed. "Nick, don't do this. He was only doing his job."
Nick's eyes were on the front door. He did not know when Jarrod would come in, but he was going to be ready to let everything out on him. "It was a job he never should have taken. He had no business taking it."
Jarrod came in through the front door then, but only came as far as the table in the foyer, where he put his hat down and stood staring at Nick.
Nick eased his wife away from him. "Carolyn, why don't you go into the kitchen with Mother and Tommy? I want to talk to my brother alone."
"Nick – " Carolyn said.
"Please," Nick said quietly but firmly.
Carolyn gave in and went to the kitchen. She passed by Jarrod without looking at him.
Jarrod came into the parlor and stopped a few feet away from his brother. "Go ahead, Nick. Get it all out of your system."
Nick moved closer to him, glaring. "I guess I should start by congratulating you on your win today."
"You don't mean that, so say what you mean," Jarrod said.
"You defended the man who attacked my wife," Nick said. "You made my wife out to be a fool on the stand. You had no business doing that."
"Nick, Joe Moran was not the man who attacked your wife – "
"Carolyn identified him."
"It was dark. She made a mistake."
"All right, let's say that's true. Let's say it really did happen like you laid out to the jury, that the man who really attacked her ran when he heard the sheriff coming on his rounds. Let's say Fred Madden gave chase and just happened to come on Joe Moran who just happened to be in the wrong place at the wrong time. Let's say everything you laid out is right. You still had no business defending Moran. You had no business being against the family."
"No one else would take the case, Nick," Jarrod said. "Not a single lawyer for fifty miles around would do it. I've known Joe Moran all my life. He's my friend. I KNEW he was innocent. What was I supposed to do?"
"You were supposed to remember it was your family you were calling liars. You were supposed to support the family, even if it meant not helping your friend."
"I'm sorry, Nick. I couldn't do it. I know Carolyn is upset and you're mad as hell, but I couldn't do it. Joe Moran needed help and no one else would help him."
"Okay, it was all up to you this time. Oh, wait, this wasn't the first time, was it? How about Korby Kyles? Yeah, he was innocent too, wasn't he and you took his case and made Heath out to be a liar and oh, yeah, you were WRONG about that one. You hurt the family for a piece of scum who was lying to you. And just last year, wasn't there something else like this? Oh, yeah, that Jimmy Kline fella you were positive was innocent even though Audra kept telling you he was the boy who came after her –"
"All right, Nick!" Jarrod interrupted, his eyes squeezed closed. "I get it! But I'm not wrong this time!"
"Get out of here."
"Nick – "
"Get your sorry face out of here before I put my fist through it."
"If that will make you feel better, do it."
Nick shoved him instead. Jarrod stumbled backward, but did not fall. "Get out. I don't want you anywhere around my wife and son ever again. GET OUT!"
Jarrod backed off, picked his hat up in the foyer, and went out the front door.
Nick closed his eyes, calmed himself, and went into the kitchen where his family was.
Victoria stared at him. All they had heard from the parlor was Nick's "get out" blasts. Victoria took Nick aside a few feet while Carolyn helped Tommy pick some meat off a cold chicken.
"Is he gone?" she asked.
"He left," Nick said.
"Where did he go?"
"Who cares?"
"I do."
Nick sighed. "He'll be back."
"And then what? Are you going to keep throwing him out until he doesn't come back?"
"After what he's done, yeah, I probably will."
"He's as much my son as you are, Nick. You will have to settle this between you and do it soon. This family will only suffer as long as you don't."
Nick glared at her. "This family's suffering belongs right at Jarrod's feet, and it isn't the first time he's done this. I don't know if I can ever forgive him or live under the same roof with him again."
Victoria sighed. "Every day you feel that way just hurts your wife more. She feels this whole thing is her fault."
"It isn't. I'll get her to see that."
"And in the meantime, there's no place for Jarrod in your life?"
"Not anymore."
"And what will you do when he comes back?"
"I already told you what I'd do, Mother. Let him come back and see."
But Jarrod did not come back.
September 25, 1881
Jarrod stood in the parlor with his hat in his hand. "I thought you all ought to know I've decided to defend Joe Moran."
He expected Nick, at least, to burst into fire, but he didn't. He just stared at him, hard.
Victoria took a deep breath. "Does that mean you believe he's innocent?"
"I do," Jarrod said. "I think the man who really tried to hurt Carolyn is a man name Brand Calloway."
"I never heard of him," Nick growled.
"A drifter?" Heath asked.
Jarrod shook his head. "He works at a ranch on the other side of town, where Joe works. He was in a card game with Joe about ten minutes before Carolyn was attacked. I've talked to several witnesses who saw him leave in a huff when he lost his last dime, and he left in the direction where Carolyn was. He looks enough like Joe Moran to be his brother. Joe says when he left the game, he stopped in the alley where Fred found him just because he felt sick. He says he saw Calloway run by him right before Fred arrested him."
"And this adds up to Moran being innocent," Nick said, unbelieving.
"It adds up to reasonable doubt in a court of law," Jarrod said. "And to me, it adds up to Joe being innocent. Remember, Nick, I've known the man my whole life. I know he's telling the truth."
"You gonna call this Calloway to the stand and get him to talk?"
"I can't," Jarrod said. "The man's already left town."
Nick turned away.
"Nick, I know you don't like this – "
Nick waved a hand and left the room, heading upstairs to where his family was.
Victoria and Heath stayed with Jarrod, who watched Nick disappear.
"Are you sure you're doing the right thing, Jarrod?" Heath asked.
Jarrod looked back at his brother, than his mother. "A few years ago I made a promise, that I wouldn't take any more criminal cases unless it was an unusual case. This is unusual."
"Very," Victoria said.
"Joe's been my friend for many years, and no one else around will help him. I believe him. I have to help him."
"Even if you're putting a wedge into the family?" Health asked.
Jarrod hung his head and then put his hat on. "The trial starts October 4. I'll stay in town until it's over."
Victoria said, "Jarrod, I don't like this."
"I can't say I like it either," Jarrod said. "But when I went off to war when I was 18, I didn't like it. When I DIDN'T kill Cass Hyatt, I didn't like it. But each time, it was the right thing to do. This is the right thing to do. I'm sorry if it hurts you all. I just have to do it."
He turned and left the house.
September 16, 1881
Sheriff Madden just kept shaking his head. "Jarrod, I've wired every attorney from here to Sacramento, and I can't get anybody to take Moran's case."
"Fred, you know I can't take it. It's my sister-in-law who was attacked," Jarrod said.
"You've taken cases when your family was involved before," Sheriff Madden said.
"And it usually turned out to be a bad Idea," Jarrod said.
"Jarrod, he's been your friend for years and he's got damned few. He's asking for you. Will you at least talk to him?"
"And say what? Explain to him why I have to turn him down? Fred, I don't want to turn him down. If it was anybody else but my sister-in-law, I wouldn't turn him down, but I can't take his case."
"Just talk to him, Jarrod. Tell him how to defend himself if you can't defend him. Anything. Just – try."
Jarrod sighed. He knew he was going to regret this. "Let me in."
Sheriff Madden unlocked the door to the cell block, then let Jarrod into the cell that held his old friend Joe Moran. Moran just sat there on the bunk, looking up, looking sober for a change. Jarrod had to shake his head. They had grown up together, been good friends all along even though Jarrod's life had taken a much better turn than Joe's. A cattle bum who could not stay sober on a Saturday night.
"Thanks for coming, Jarrod," Joe said.
"Joe, you know I can't take your case," Jarrod said.
Joe stood up. "Please, hear me out."
Jarrod nodded. "That's why I came."
"I was drunk, I admit it, but I remember a few things and I remember them straight."
"Tell me what they are."
"I left the saloon about ten minutes before the Sheriff arrested me," Joe said. "I'd lost all my money in a card game. There was another guy in the game, fella who just signed on where I work, name of Brand Calloway."
"Brand. Helluva first name."
"Maybe but that's what it was, Brand. He looked enough like me to be my brother, I swear. After I left the saloon, I came out in the alley. I thought I was gonna throw up, but I didn't. Just before the sheriff arrested me, I heard this woman scream across the street and this fella Brand came running by me."
"Where from?"
"From across the street. He ran right by me and was gone off onto the next street before I could yell, and then the sheriff grabbed me and I was in here. Jarrod, I wasn't anywhere near your sister-in-law, I swear it. I didn't do anything wrong. Please help me."
Jarrod sighed. "Joe, I – " He was going to refuse him, but he couldn't. "I'll have to think about it."
September 15, 1881
Nick held his wife as close as he could in the sheriff's office. He was grateful they had left Tommy at home with Victoria. Seeing his mother with her dress sleeve torn, looking so distraught would have panicked him and made everything worse for Carolyn.
"
It's all right," Nick kept saying. "It was all my fault, and I'm sorry. But it's all over now. You're all right."
"Nick, I'm so sorry – " she sobbed. "I shouldn't have run out of the restaurant like that – "
"It's all right," Nick said. "Hey, I'm a bull in a china shop sometimes and I deserved everything you said. I was wrong. I should have apologized right away. I shouldn't have let you run out like that. But it's all right now. We're all right."
It was only a few minutes later that Sheriff Madden dragged a man through the door. Nick and Carolyn both looked up.
"Carolyn, is this the man?" Sheriff Madden asked.
Nick recognized Joe Moran. He and Jarrod had been friends since they were kids, even though Joe had been a wayward fool most of that time. He currently worked on a ranch not far out of town and he was obviously in town to let of some steam. He stank of beer and he looked like he'd been run over by a wagon.
"That's him," Carolyn said softly.
"You're sure?" Sheriff Madden asked.
"Yes. His jacket is torn where I grabbed it."
"This jacket's been torn for a month!" Joe Moran yelled. "I didn't do anything to anybody!"
Nick would have grabbed him except he could not let go of Carolyn. "You are a worthless piece of slime and I'd tear your head of if I could get to you."
Sheriff Madden hustled Joe into a cell. He was yelling, "I didn't do anything!" all the while. Then, once in the cell, he started yelling, "I want a lawyer!"
November 1879
Nick paced back and forth at the bottom of the steps, cringing in pain every time he heard Carolyn cry out. Heath brought him a cup of coffee, but he refused it, so Heath began to drink it himself. Audra made several attempts to get Nick to sit down in the parlor, but every time he did, a fresh scream from upstairs sent him popping up and heading for the staircase. Jarrod headed him off each time and was able to turn him around for Heath and Audra to take him back into the parlor.
"I'm going up there," Nick said more than once.
"This is woman's work, Nick, you'll just get in the way," Audra said, more than once.
"That's my wife!" Nick finally pleaded. "I should be there with her."
"You'd pass out," Heath told him.
Nick glared at him. "Oh, I suppose you have experience watching babies being born."
"I've seen a couple," Heath said. "Trust me, Nick, you don't want to see it."
Finally, they heard a different sound – the cry of a baby. Carolyn was silent after that, but the baby cried and cried. Nick started up the stairs, but Jarrod and Heath got hold of him before he got very far.
Audra said, "Just wait a few minutes, Nick. Just wait."
So wait he did, and soon his mother came out of the bedroom upstairs, carrying a small bundle, smiling for all she was worth.
Nick couldn't wait anymore. He bounded past Jarrod and Heath and up the stairs to meet his mother on the landing.
Victoria smiled at him. "Nick, I'd like you to meet my grandson, Thomas Grant Barkley."
Nick looked down at that little face and couldn't believe what he was seeing. His son. His own firstborn son. Victoria carefully handed him over and watched her middle son turn into a father.
"Congratulations, Daddy," Jarrod said from below. "It's a boy!"
Nick grinned from ear to ear. "Carolyn's all right?"
"She's fine, the doctor's just helping her clean up a bit," Victoria said.
"And Tommy?"
"He's fine, too."
Nick laughed. He looked down at his brothers and sister, and laughed. "I'm a father!"
October 1878
Audra peeked through the drapes when they heard the buggy coming. "They're here!"
Victoria and Jarrod smiled at each other, and then followed Audra and Heath to the door.
Nick's telegraph had been a complete surprise, and they had been excited about Nick's return ever since they got the message two days earlier.
"Got married," it said. "Carolyn Grant Barkley and I home Thursday next."
In a moment, Nick opened the door and ushered in one of the loveliest women they had ever seen. She had auburn hair and sparkling eyes, and a smile to light up the whole room. She looked nervous, but not shy.
All Nick said was, "Here she is – Carolyn Barkley. Carolyn, this is my mother Victoria, my sister Audra, my younger brother Heath, and my older brother Jarrod."
Victoria was the first to kiss her on the cheek. Everyone noticed how comfortable Carolyn seemed to be with her action. She took a moment to look around the foyer and parlor before she accepted Audra's kiss.
"What a beautiful home," she said. "Nick, you didn't do it justice."
"I just hope you like it, since we'll be living here for at least a while," Nick said.
Carolyn accepted a kiss on the cheek from Heath. "I think you'll find yourself settling in pretty fast," Heath said. "This is a warm and loving family you married into."
"So I'm told," she said. "I only hope you believe me when I say – " She looked at Nick. "That I've found the love of my life in this man, and I have no desire to be anywhere but with him."
"Well, in that case," Jarrod said, smiling and kissing her cheek, "welcome home."
THE END