I should probably have said at the start that I know Roy wasn't in the early episodes, but for the sake of my story, he's the best fit for the job, being Ben's friend. Please also keep in mind I'm not American so my knowledge of pre-Civil War politics and geography is limited. Much like Joe's probably was! Thank you as always for the messages, reviews and feedback.

Chapter Four

Sally Parkes was used to getting her way by dropping her bottom lip and pouting and if that didn't work, then outright tears usually did the trick. Unfortunately for her, her mother had recently decided it was time to take a tougher stance with her seven-year-old daughter and Sally's whining was not getting the usual response from her mother. Her papa had told her a story about a wolf that cried, but it didn't make much sense to her. Wolves didn't cry. They ate people! Everybody knew that and she wondered why her father was talking about crying wolves. Whatever the case, she soon found herself being shooed out the front door and making her way to the schoolhouse. She really didn't feel well, but her mama was having none of it.

Joe pushed his pony along the length of the main street, both eager and dreading getting to school. He hoped that after three days, the two brothers would return because if they didn't he was already planning to make a detour out their way after school and check on them. If it earned him another trip out to the barn, he was prepared to take that. He couldn't bear the thought that his own stupidity had cost Derek any further punishment and the boys' continued absence was grating on him.

His thoughts were elsewhere as he traveled the well-worn road and it wasn't until he was almost level with the sheriff's office that he really looked around. An army officer was sitting astride a horse, whistling a tune that Joe didn't recognise. He was clearly waiting for somebody as another horse stood next to him without a rider. What really caught his attention though was the proud Indian who sat erect on the horse behind the officer. His hands were tied to the saddle horn and blood streaked his back and down the side of his face. It had dried, but had clearly been running freely.

As Joe made his way past, he couldn't help but watch. Men walked past and glared while women stepped onto the far side of the boardwalk as if to keep their distance. As he continued on down the road, he glanced back to see the other officer had returned to his horse. The two of them headed back out into the road and Joe frowned as one of them viciously jerked the lead rope of the Indian's horse, making him roll forward and jerk backwards in the saddle. It was unnecessary, but both men laughed as their prisoner righted himself in the saddle. By the time Joe arrived at school, his mood was turning more sour by the minute.

Mitch elbowed Joe, trying to get him to stop staring at the wall. The teacher had already noted his drifting attention twice and if it happened again, he was surely going to attract trouble. He was a fraction too slow and he winced as the teacher stood up from her chair and walked over to loom over Joe.

"Joseph Cartwright, I don't know what is so fascinating with that wall, but you can stay in at lunchtime and explain it to me."

It wasn't the wall that held his attention so raptly. Rather it was the large map of the states and territories that he was trying to memorise. He needed to figure a route for Derek and Matthew to get them to the north, but he hadn't figured on just how far the north actually was. When Adam went off to college, he'd been too young to really appreciate the distance from Nevada to Boston and once his brother came home again, he didn't really care. He knew his general compass directions and had figured that north just meant north. He sighed as he was beginning to realise that maybe his plan wasn't so simple after all.

By the time he was allowed out to join the others for lunch, Joe was still mulling over an idea. If he couldn't send the boys north, then maybe he could send them to California instead. He'd heard his pa talk of how big San Francisco was. Big enough for two boys to get lost in and nobody to ask awkward questions. It was also big enough for them to find work. Every livery needed boys to work the horses and keep the feed troughs clean and filled. There were sure to be jobs in San Francisco. He decided to keep his plan under wraps until he'd worked out the details a little more, but as he sat down with Mitch and pulled out his lunchpail to share, he was pleased that both Derek and Matthew had finally made it back to school.

As they ate, Mitch pulled a piece of paper out of his pocket. He held it up for Joe to inspect.

"What's this?" Derek looked over the list and wasn't sure what he was looking at.

"It's what we need to get together for you two. So's you can get out of here."

Matthew looked at the three older boys, unsure of the comment.

"Get out of here? Where would we go?"

Derek had talked with Joe already about wanting to leave, but saw no possibility of that happening. The last three days of punishment had deepened his resolve however, especially when Walter had turned on Matthew. He'd tried his best to shield the younger boy, but Walter had landed a few good straps before the whiskey had toppled him over and he'd passed out on the floor.

As Joe and Mitch began to outline the plan, Derek and Matthew huddled closer. It was risky and the cost of being caught was unthinkable. By the time Joe rode for home that afternoon, he was once again wavering on whether or not to talk to his father. It was Hoss who unknowingly put paid to that idea.

"Hiya, Shortshanks! Have fun at school?" Hoss brushed at his horse's coat as he watched Joe lead his pony into the barn. He knew he was teasing as Joe hated school as much as he had. He'd been mighty glad to escape as soon as his father had agreed to it, but Joe still had a couple more years of torture up his sleeve.

Joe just grunted in response and Hoss grinned at him. He knew that feeling only too well.

As Joe began to unsaddle his pony, he noted that neither Adam's or his father's horse were anywhere in sight.

"Where's Pa?"

Hoss was almost finished his job and he poured a measure of oats for his horse before stepping over towards his brother. He hesitated to tell him the truth of the matter since Joe was still just a kid.

"He and Adam have gone up to meet with some army fella."

"Army?" Joe's memory of the two army officers he'd seen earlier rose up like bitter bile. Their unnecessary rough handling of their prisoner still grated on him.

"Yeah, there's been some Indian raids up near Sweetwater and Pa wanted to find out some more."

Joe frowned as he kept brushing down his horse. "Raids?"

"Nothin' to worry 'bout, little brother. Sweetwater's a long ways from here."

"Then why's Pa askin' questions about it if it ain't nothin'?"

Hoss realised too late that he'd said more than he'd intended. His father had told him that the raiding parties were moving closer and the men needed to be on the lookout while out in the farthest pastures.

"You know Pa. He's just bein' cautious."

As Joe continued on with his work he considered the fate of the man he'd seen that morning.

"Hoss … what does the army do to Indians that they catch?"

Hoss swallowed hard and tried not to make eye contact with his brother. They'd heard tell of Indians being lynched, but there was no way he'd tell his little brother about that. His pa said it was homesteaders most likely and not regular army fellas, but still. Joe didn't need to know about that.

"I dunno."

Joe was silent for a few more brush strokes. "Then I guess I'll ask Pa."

"No!" Hoss realised his mistake immediately that rather than deter Joe, he'd simply aroused his curiosity further. His father had been quite adamant that they not worry Joe with the information unless it was necessary. " Ya cain't go botherin' Pa with questions."

"Why not?" Joe frowned at his older brother, knowing that Hoss was holding something back.

Hoss tried to figure a way around his brother's questions without risking more questions. He decided to try a measure of truth in the hope it would be enough.

"Cause Pa's gone to talk to them army fellas and I don't want Pa gettin' into trouble if'n their information gets talked about."

"Pa could get into trouble?"

Hoss knew he'd slipped up and he tried to backtrack. Unfortunately he'd never been able to lie to save himself and his face gave him away.

"No, he ain't gonna get in no trouble. It's just … just them army fellas like to keep their information secret, so's their plans don't get spread about. That's all."

Joe nodded as he went about finishing up and he walked over to fill a measure of oats. Something in Hoss's voice gave him pause and he resolved he'd find out what it was.

Supper that night was a subdued affair. Ben and Adam had spent the day out by an army camp and he was concerned at the increase in raids along the northern trails. While he'd heard of the lynchings and vehemently disagreed with them, he could understand the fear that was driving them. As he glanced around the table at his sons, he knew he'd do anything he had to in order to protect them. He was lost in those thoughts when his youngest son chose that moment to ask him a question. When he looked back later at how things had gone so badly so quickly, he would eventually come back to this moment.

"Pa, how come some people are worth less than others?"

It was such a profound and unexpected question that Ben jolted in his chair and stared at his youngest son.

"Nobody is worth less than anybody else, Son. The Bible says we are all equal and precious in the eyes of God. " It took a moment for him to gather his composure before he continued. "Why would you ask that?"

Joe pushed at the potato on his plate and tried to work around Hoss's warning from earlier in the day.

"Well … it seems to me that some people get more say in things than others do."

Adam looked across the table at his brother. He too had been startled by the question, but Joe's addition had him thinking. His brother was simply chafing at being the youngest and being told what to do. Hoss was also looking his way, willing his brother not to put his foot in anything.

Ben put down his cutlery and leaned closer to Joe. It was clear his son was grappling with something serious, but he wasn't entirely sure what.

"Well, often that's to do with who has more power. For example, around here, you have to do as I tell you because I am your father and you are still a child." There had been more than enough challenge to that authority in recent days and he took the opportunity to remind his son of his place.

"I know that. It's not what I meant."

Ben chewed at his lip as he considered his son's demeanor. "Then what did you mean?"

It took a moment before Joe looked up again. "How come the law protects some people and not others?"

"The law is the same for everyone."

"No it's not, Pa! The Indians don't got the same law as we do." He gestured around the table at each of them.

Hoss bit back a groan as he looked at Joe's animated hands.

Ben nodded slowly as he tried to answer a complicated question in a way his innocent son would accept. Joe knew very little of Indian policies and he wanted to keep it that way a little longer.

"That's sort of true, Joe. The Indians have lived here for a long time with their own laws, but now they have to live within the government laws as well."

"But what if the laws are wrong?"

Ben rubbed at the back of his neck as he considered how best to answer.

"We don't get to make the laws, Joe. We elect men to do that for us and if we don't like the laws we can agitate for change. Until then, we have to obey them or we have a lawless society that isn't good for anybody."

Joe stared at his plate as he considered all that he had learned over recent weeks. Slavery was legal. His family may not like it, but his pa had just said he'd uphold the law. Power was what made all the difference. The law had the power. Right or wrong. And under that law, children had next to no power.

"Pa …" Joe swallowed down the lump that filled his throat. There was simply no way to ask his father for help. "May I be excused? I'm real tired."

Ben studied his son's face and wondered why he looked on the verge of tears. Maybe he was sickening for something. He reached a hand across to check Joe's forehead and was relieved to feel it was cool.

Several hours later as Adam decided to retire for the night, he found himself outside his brother's door. Joe's questions had pricked at something that he couldn't put his finger on and it was still bothering him. He gently nudged the door open and quietly made his way across the room. He had assumed that Joe would be sound asleep and was startled when he shifted on the bed.

"Pa?" It hadn't occurred to Joe that anybody else would be in his room.

"No, sorry Joe. It's me. Didn't mean to wake you. I just wanted to check you weren't getting sick or anything." Without really knowing why, Adam sat down on the edge of the bed and tousled his brother's hair. "You okay?'

"Mmmm."

As he went to stand up again, Adam was surprised when Joe tugged at his arm.

"Adam."

"Yeah."

"Would Pa ever break the law … if he felt it was wrong?"

Adam stared at his brother's face, totally thrown by such a strange question. "Joe …. you know that Pa feels really strongly that the law is the law. He doesn't always agree with things, but he wouldn't try to break it. He'd find a way around it if it was important enough."

"Okay."

Adam squeezed his brother's arm as he leaned closer. "Joe, what's this all about?"

Joe rubbed at his eyes as he tried to think of an answer. When he didn't answer, Adam tried another angle.

"Joe, have you done something wrong? Something you don't think you can tell Pa?"

Joe's "no" was a little too quick for his liking. As Joe yawned and rubbed at his eyes again, Adam couldn't help but smile. He tugged the edge of the blanket up a little and went to stand up again.

"Goodnight, little buddy. Sleep well."

It would be several hours before Adam finally drifted off to sleep as thoughts chased around his head. Something was wrong and he determined he would find out just what that something was.

Over the next few days, Joe and Mitch put their plans into action. Items were pilfered from both homes, starting with an old saddlebag that could carry everything. The stitching had come loose on one side and it had been put aside for repair. As the boys each brought in the things on their list, they took turns in crawling under the schoolhouse while the other kept watch. Their checklist was slowly getting scratched off and each of them felt a mounting sense of urgency.

The stage went through twice a week and Joe had been to the stage office to inquire about a fare to San Francisco as well as departure times. He'd gotten a strange look from old Henry who ran the ticket office, but he'd managed to smooth it over by saying it was something to do with a school paper. As he'd hurried back to Mitch and filled him in, both boys knew this would be their biggest hurdle. Neither of them had anything close to that kind of money.

Joe sat at the desk near his window and stared out into the warm afternoon sun. He could hear Hop Sing in the kitchen and knew that his family would be back some time after dark. He had stood up three times and each time his knees had almost buckled under him. He had tried and tried to figure an alternative plan, but just couldn't come up with one. He'd emptied the contents of his own savings and along with what Mitch had it didn't amount to a whole lot. Matthew had turned up at school the day before with a deep bruise across his upper arm while Derek was struggling to walk without wincing and they all knew it was just a matter of time before the injuries got worse. As he stood up again, Joe sucked in a sharp breath and forced himself to walk towards his brother's room. He prayed that Hop Sing was too busy to come upstairs and that nobody came home early.

The door to Adam's room was never locked, but he felt that even that shouted accusations at him. His brother didn't feel the need to protect his things from his own family. Joe chewed at his lip as he made his way across the room and pulled open Adam's top dresser drawer. The heavy wooden box was carved with fine, but simple decoration and he knew it was one of his brother's most treasured possessions. Their father had made it for him on the long trail west. Joe paused as he fingered the dark wood. As Matthew's face floated in front of him, he held his breath and opened the box. He knew how frugal his brother was and that he kept his hard-earned savings in that box whenever he was saving up for something important. Joe felt his fingers burning and his cheeks flared with the shame of it as he lifted a wad of notes from the box. He shoved them deep in one pocket and then pulled out the note he'd written from the other. He carefully arranged the folded note underneath a couple of banknotes that were still in the box. He prayed he had time to replace the money before Adam ever found out, but knowing how unlikely that was, he at least wanted a chance to explain before his brother lifted the skin from his hide.

"I'm sorry, but I can't think of any other way," he whispered to the empty room as he carefully replaced the box where he had lifted it from. He slowly made his way to Hoss's room, with a deepening sickness rising from the pit of his stomach.

Joe was well aware of his eldest brother's penchant for poetry even if he didn't understand most of it and in an ironic twist that would have befitted one of Adam's favourite poets, the best laid plans do often go astray. The stage was due in to Virginia City in two days' time and the last of the travel provisions were set to go. The saddlebags were stuffed with clothing, food, money and other sundry items and Derek was getting nervous with the anticipation of it all. Matthew had not been told all the details, in case the boy accidentally gave something away. It had been agreed that the two boys would sneak out the night before and hide in the back of the livery until the stage arrived. That way, both Mitch and Joe would be in school and have a credible story when or if Walter reported the boys missing. By then, they would be well on their way to a new life with no trace left behind.

That was the plan.