Chapter 7
Daniel T Pascoe was in Gina's room over the long Branch. He was aware that Judge Brooking would arrive in town any minute and needed to prepare his defense. He had talked with Gina almost every day since his arrival in town. His Uncle had always impressed upon him that you could never go over the facts too many times, sometimes new details would emerge or faulty memories get corrected
"Tell me Gina, where and how did you first meet Johnny Halstead."
She thought for a few moments, they had already been over this at least half a dozen times, but he told her it was important so she started to tell her story yet again.
"It was in Garden City. I think Doug had been out of town for two or three days and I was a little bored. I was in the mercantile there, looking at some new fabric. It was so pretty, a pale green with tiny yellow and pink daisies." She smiled to herself as she remembered the way it had felt in her fingers. "It was so soft and silky but there was no way I could afford enough of it to make a dress."
Pascoe listened to her ramblings, he had time and infinite patience and had found that letting people talk was the best way to get at information he could use. She sat there staring at the wall for a few minutes, obviously day dreaming. He waited then encouraged her to continue.
"What happened next?"
"This young cowboy came over to me and tipped his hat. He had these incredible green eyes that danced when he smiled."
She thought of that afternoon. She was lonely and mad at Doug for being gone. He had already been away for three days and nights investigating a report of missing cattle from a ranch at the far edge of town. He had had to wait until the rustlers came back so he could catch them in the act and arrest them. He had been back home one night then left again soon after breakfast to deliver some legal papers. He told her he would be back the next day if he could make it, if not the day after.
"That would sure look pretty on you," the cowboy had told her, deftly managing to touch her fingers as he pretended to feel the fabric. Next thing she knew he had picked up the bolt of the silky material and placed it on the counter. "Just add that to my tab," he told the owner of the store, "however much the lady needs."
Mr. Swindon looked at him and in a quiet whisper said "You know who that is? That's the City Marshal's wife, Gina Hamilton."
"Really?" the cowboy smiled as he turned back towards the young woman, "then I am truly honored ma'am."
Gina came back to the present, wondering how much she had said aloud. That scene always excited her - that a man should find her so attractive. But now the difference was that she knew better. Doug Hamilton was worth a hundred times more than that conniving cowboy who had led her on, making her think he was going to take her away to some big eastern city - all they needed was money, and she had helped him get that. Looking back she could see how stupid she had been. Now she must pay the price.
Pascoe looked at her, "So what happened after that?"
Gina hung her head. "He came visiting every time Doug was away. He was very attentive and had dreams about visiting big cities and living a life away from these dirt towns of the prairie. Doug would not have liked those places, I knew that."
"So you told him about the reward money?"
"At first I didn't know he planned to get Doug involved, but the way Johnny said it, the only way I would ever be able to belong to him was if we got rid of my husband. I think I got swept along in the rush of a new adventure. For a while I didn't even consider my husband's feelings or future."
She dropped her head into her hands.
"What's going to happen to me now?"
"I'm going to try my best for you, but ultimately that is up to the court." He stopped and looked at her for a moment or two, she was a beautiful woman, he couldn't help but notice that.
"Is it true that you tried to plant false evidence against your husband?"
She stared at the young man in front of her, his thatch of straw colored hair seemed somewhat incongruous with his profession.
"It's best if you tell me the truth, Gina, else it will come out in the trial and we will not be prepared for it."
She turned her head away and nodded, avoiding his eyes.
"That may be a tough situation. Attempting to manipulate the course of justice is a serious offense and can carry a heavy prison term. I will do what I can if it comes up, and I am sure it will. Johnny Halstead is bound to try and blame you for that."
"What can we do about it?"
"I can try to prove that it was not influential or maybe not properly documented evidence." He was thinking now, someway to get around it, to show it was 'void ab initio', never substantiated as evidence. A long shot, he knew he was grasping at straws, but anything was better than nothing. He would look it up when he got back to his room - well Marshal Dillon's room - tonight. He had brought a whole stack of law books with him for this very purpose.
"Is there anything else Gina?"
She shook her head while glancing down at her hands. After a short silence she raised her face towards the young lawyer.
"Have you heard how Marshal Dillon is doing?" She asked after a long pause.
"Not really. I don't think Doc knows yet from what I've heard." He stood up from the chair he had been occupying, gathered his notes and placed them in an old leather brief case that had certainly seen better days. "Now, I need to go and do a little reading. I think the judge will plan to start early tomorrow and I need to be prepared. We will probably be last on the docket so you will have time to get ready. I'll come and see you before it's our turn."
Once Pascoe had left, Gina sat looking out the window. The room faced the street and she watched as people on foot or horseback and even in wagons, came and went as freely as they chose. She wondered if she would have that freedom ever again. Looking up she watched the few clouds passing across the evening sky and thought that if she went to prison she would miss such simple pleasures. She had been crazy to think that someone like Johnny Halstead, with all his fancy dreams, could bring her happiness. She sat there watching and thinking, there wasn't much else for her to do right now. Doug would be along with her supper soon, and she looked forward to that.
xxx
It was late in the afternoon before the stage from Wichita pulled in at the depot and Judge Lucius C. Brooking stepped off onto the boardwalk. A young man wearing a marshal's badge came out of the crowd towards him. Brooking had heard that Dillon had been injured and Dodge had a temporary Marshal, he hoped this man would be able to run the court session as efficiently as his friend Matt usually did.
Hamilton walked the Judge across to the Dodge House where a room had been reserved for him. The man didn't say much and Doug began to feel somewhat inadequate, he had had so little experience at running a trial - especially one where his own wife was one of the accused.
Brooking stopped on his way up the stairs and looked back at the Hamiltonl.
"I am somewhat fatigued by the stagecoach journey from Wichita so I will meet you at that restaurant across the street, Delmonico's I believe it is called, in two hours time. We will eat and then discuss tomorrows proceedings."
"Yes Sir, certainly."
The Judge continued on up the stairs to his room and Doug tried to recover his composure. He hadn't got much information out of Matt that morning, all his friend had told him was to rely on Chester, he knew how things worked. He was deeply concerned that Matt had hardly been able speak more than a few words. His friend was so pale and drawn and barely had the strength to lift his head, it was nothing like the Matt Dillon he knew. That man was tall and straight and strong as a tree, he could ride all day, tackle three or more outlaws single handed and outgun the fastest gunslinger. Would he ever see that man again?
Chester had told him that the Judge liked Antelope Stew at Delmonico's, and yes Mr. Dillon usually paid for the meal. Sometimes he would take money from the petty cash in the safe to cover it if his own paycheck had not arrived from Washington. Chester said he knew how to set up the courtroom and would take care of that early in the morning. Judge Brooking would expect Hamilton to give him brief outline of the cases to be presented the following morning. Usually the Judge and Mr. Dillon would discus them in the marshal's office, but sometimes in the Dodge House.
Somehow Doug managed to get through supper with the Judge. They left Delmonico's and walked to the Marshal's office. The aciting marshal was wondering how he was going to tell the judge about Gina, the man seemed so aloof and formidable that he had no idea how to start that conversation.
He opened the door into the office and allowed the Judge to walk in ahead of him. He watched as the man looked around.
"I have sat in this office many times with Marshal Dillon, how is he doing?"
"Doc says he has a fifty fifty chance, Sir. I saw him this morning and he talked for a little while but was very weak."
"I would like to see him if possible, maybe you could ask Dr. Adams for me. Tell me how Miss Russell is holding up?"
Hamilton was surprised, he had no idea how Judge Brooking knew of the relationship between Matt and Kitty.
"She's managing, Judge. I know that she sits with him everyday and often at night as well."
" I want to make time to visit with her during my time in Dodge."
"Yessir, I will let her know,"
" Now Marshal I want you to tell me about the cases coming before me tomorrow. Let us go across to my room, I imagine you have the prisoners locked up back there." He indicated the door to the cells." Hamilton did not reply to that, Gina was in a room over the Long Branch and he hoped the Judge would understand.
xxx
The conversation started easily. Hamilton recounted the charges against Halstead, Etheridge and Art Fox. Then he got to Gina. How to tell the Judge that his wife was involved in trying to get him convicted of murder, how she tried to get the reward money from the bounty hunter to use so she could run away with Johnny Halstead. Finally he took a breath
"Your honor I don't think I should discuss the final case with you. It concerns my wife."
"I heard about that, Doug." The judge suddenly became very human. "I understand Daniel Pascoe is going to defend her. I will talk with him. Now I need to turn in for the night, tomorrow we will start at 9 o'clock. I presume everything will be ready."
"It will be Judge."
"And don't forget to talk to Dr Adams, I really want to see Marshal Dillon before I leave."
"I'll arrange it for you."
Hamilton began to feel that Judge Brooking had a human side under his severe outer skin. " I love her very much," he managed to say before he got up and left the room wondering how he could have said those words to the Judge.
xxx
Gina was not sure how much time had passed when there was a knock on her door, followed by a key turning in the lock. She thought at first it was Doug with her evening meal, he usually came and sat with her while she ate, but the footsteps were all wrong. The door finally opened and Chester appeared carrying a tray covered with a checkered cloth.
"I brought your supper Mrs. Gina. Mister Hamilton had to take Judge Brooking to supper and asked me to check on you and tell you he'd be here as soon as he could."
She had been waiting to see Doug all day and was disappointed to see the jailer, but she had decided, if she ever got the opportunity to be with her husband again, from that point on Doug's job would come first. No harm in starting now.
TBC
