Chapter 2

Jarrod didn't play poker all that often but sometimes he just felt the need to lose himself in gambling and drinking. This was a good evening to be doing it, and since he had left home without dinner, he needed the food, too. He had a sandwich and a beer at Harry's saloon while he tried to deal with hand after hand of terrible cards. It just figures, he thought. Bad luck follows bad luck.

Jarrod raised the going bet by five dollars. One of the other attorneys in town was the only one left in the hand at the table, and he called. "Two pair, aces and tens," Jarrod said and showed his hand.

The other lawyer shook his head and showed his cards. "Sorry – three threes."

"Threes?!" Jarrod moaned.

"I said I was sorry," the man said.

After about an hour, when he'd finished his dinner and lost too much money, he decided he'd lost too much of himself as well and left Harry's saloon. He lit a cigar when he left the building and began a slow wander back up the street to his office.

"Didn't expect you back in town tonight, Jarrod," came a familiar voice from not too far ahead.

"Evening, Fred," Jarrod said as the sheriff approached, and they stopped to talk.

"Too noisy at home?"

Sheriff Madden had heard the Barkley family argument beginning as the rest of his family left the jail after filing a complaint against the Robinson boys. Jarrod grunted. "This is one of those times I'd best get out of the way of my middle brother before I slug him."

"Wow. That bad."

"I'm heading for San Francisco on the morning train. I don't have anything important to do here. In case you need me for anything."

"Nothing I can think of, but you ought to know old Stan Robinson was looking for you to represent his sons. I had to remind him your mother and sister were the ones swearing out the complaint on them. It's just too bad those boys couldn't keep their tempers. This whole thing would be over with by now."

"Well, I'll just go trade one set of troubles for another."

"You won't be back for the Robinson boys' trial?"

"No, I'd better keep clear. This is a trial for Nick, not me."

"Nick?"

"He was pressing for Mother and Audra to file the complaint. I suggested they let things go, but my objection was overruled. Mother and Audra agree with Nick on this."

"That's unusual, for your family to take legal advice from Nick."

"Nick convinced them that if they didn't file the complaint, the Robinson boys would cause more trouble. They didn't need a lot of convincing."

"Maybe he was right."

"Maybe, but Nick is just too angry Mother and Audra were slapped around, and they are, too." Jarrod shrugged.

"Yeah, I was surprised your mother wasn't hitting back. When do you expect to be in Stockton again?"

Jarrod heaved a sigh. "I'm not really sure. At some point Audra will probably write me and tell me that Nick has cooled off and she'll ask me to come home. If my workload allows, I'll come back then."

Sheriff Madden chuckled. "Well, I hope you have a good stay in San Francisco. We'll miss you around here."

Jarrod nodded, suspecting that they wouldn't miss him in Stockton any more than they normally did when he went to San Francisco – in other words, they wouldn't miss him much. Several new lawyers had set up offices in town. Stockton could get along so well without him that Jarrod often thought he might move to San Francisco for good. He thought that maybe this time he ought to go ahead and do it.

But he didn't say that. He just gave Sheriff Madden a friendly clap on the arm, said, "I'll be sleeping in the office if you need me, Fred. Good night."

"You could at least get a room at the hotel," the sheriff said.

Jarrod shook his head. "Maybe I'd rather punish myself for arguing a lousy case with my family, and sleep on that sofa."

"Good night, Jarrod," Sheriff Madden said with a laugh, and they parted company.

Jarrod headed on toward his office, smoking his cigar, not paying close attention to who was in the street or even what time it was. He was thinking about things he might need to take with him to San Francisco, cases from here he could work on while he was there, a book he might want to read on the train. He was thinking about anything but home.

XXXXXXX

In the early morning hours, Heath got up for some personal business, but afterward he noticed a light downstairs, coming from the kitchen area. Somebody was raiding the icebox, and Heath could have bet it was Nick. Heath went downstairs, barefoot and wearing only his pants, and found that he was right. There was Nick, in slippers and a robe, eating a sandwich at the kitchen table.

"Can't sleep?" Heath asked.

"Not with my stomach grumbling," Nick said.

"I saw the light and figured it was probably you."

Nick broke his sandwich in half. "Want some?" he asked, holding out a piece to Heath.

"Thanks," Heath said, took it and sat down beside Nick at the table. "You know, that train to San Francisco doesn't leave until eight or so."

"What makes you think I'm thinking about the train to San Francisco?" Nick asked, grouchy.

"Just thought you might be," Heath said. "If Jarrod's gonna be gone for a while, that guilt you're carrying around is gonna turn into one uncomfortable stew."

"I'm not carrying any guilt."

"Really? Think about it, Nick. You got Mother and Audra to go against Jarrod's legal advice. That had to be a first, and I'll bet you're second guessing yourself, and if you haven't already started thinking that maybe Jarrod was right you will be soon. And then you'll feel guilty because he isn't here for you to apologize to."

"He's the one who walked out, Heath."

"Naw, Nick, we threw him out, just like you said you wanted to do. When we ignored his advice and you two started blasting away about it, we essentially threw him out. I think Jarrod told me once that was called 'constructive eviction.'"

"Don't you go getting all lawyer-ee on me."

"Just trying to help you ward off your guilt pangs."

Nick sighed. Heath was making points. "So, you think I should go talk to him before he leaves?"

"I think you'd feel better, and you're a lot easier to live with when you feel better."

"What do Mother and Audra think?"

"They're afraid you really will throw him out for good, and that would be partly their fault. Audra told me that, Nick. She's worried."

"Heath, how can I get him to quit doing these things that hurt the family, like taking those cases that involve people who are such - trash?"

"You really mean to call people 'trash,' Nick?"

"Some people are trash, Heath."

"All right, but Jarrod didn't know the Robinsons were gonna knock Mother and Audra around. They didn't even know who Mother and Audra were, they'd been drinking so much."

"But sometimes it seems like the more unpopular the cause, the more he goes for it and the more trouble it causes around here."

"He takes them because nobody else will. Look, I don't like it anymore than you do when somebody takes their anger at Jarrod out on the rest of us, but we've had men mad at you and me take it out on the family, too. That never stopped us from doing what we thought we had to do."

Nick grumbled.

"If you won't go talk to him, I will, but it won't mean anything coming from me. You're the one who can throw him out."

"All right, all right, I'll go talk to him. But we're all going to have to come to an understanding. If these cases he takes are going to put the family at risk, then the family has a say in whether he takes them or not."

Heath gave a low whistle.

"What?" Nick asked.

"Are you ready to say the family has a say in any contract for cattle you might want, or who you hire or fire?"

"That's different."

"Is it? We've had men you hired cause trouble for the family a few times. How is that different?"

Nick grumbled again and got up. "I'll think about it," he said and walked out.

Heath had to smile. He loved hearing Nick grumble, because that meant he was beginning to understand what you were saying even if he didn't really want to. Heath finished his sandwich, put out the light, and went back to bed.