Chapter Seven: The Trial

It seemed like the whole of Dodge wanted to be at Carfax's trial the courtroom was jam-packed. Matt and Newly led Carfax to a chair in front of the Judge's Bench the door at the back opened and Judge Brooker came in to take his place.

"All rise the Honorable Judge Brooker presiding."

"Right Mr Carfax on the two counts of murder and one account of attempted murder how do you plead?"

"I didn't do it and you cain't prove I did."

"Mr Carfax you will behave in a reasonable manner or I shall have you removed from this court."

"I got a right to hear what's being said about me."

"Then adopt a more reasonable tone. Deputy Marshal O'Brien please take the stand."

Newly rose and walked to the witness box he held up his right hand and placed his left hand on the bible.

"I swear to tell the truth the whole truth and nothing but the truth so help me God," Newly said before sitting in the chair provided.

"Would you tell this court the events of that day in your own words?"

"I didn't actually see Carfax arrive in Dodge I was in the Long Branch with Festus. We were with Kitty Russell the owner of the Long Branch. The first time we noticed Carfax he snarled at Sam Noonan the barkeep because he didn't serve him straightaway."

Newly took a sip of water and went on.

"The second time he was at a table with a bottle of whiskey he grabbed Lucy Honegger. She slapped him and went to the bar Festus and I went up to him and asked him to leave the Long Branch and go to the Dodge House where he had a room Festus also told him that come morning he should leave Dodge. He wasn't inclined to obey so Amos Mckee a trail boss from Texas had six of his hands remove him. Later Festus went on his rounds and I stayed in the jailhouse a few minutes later I heard the shots. I ran up to the alley where I found Lucy dead and Festus was wounded. I heard a galloping horse but didn't see the rider."

"Mr Taylor have you got any questions for Mr O'Brien?"

"Not at this time."

"Deputy Marshal Festus Haggen take the stand?"

Festus rose stiffly and walked to the seat.

"Can you tell us what happened while on your rounds that night?"

"It was just after closing time I looked up the alley as I passed by and saw the body it warn't until I got closer I saw it were Miss Lucy. There was a man in the shadows I had my gun drawn and he shot me three times."

"Did you actually see who this man was?"

"Yes, I did it wus Carfax."

"You're sure it was Mr Carfax?"

"I sure am couldn't mistake his face."

"Mr Taylor?"

"Not at this time."

Matt peered at Breckinridge Taylor from under hooded eyelids realizing that Breck was just going through the motions.

"Marshal Dillon take the stand."

Matt rose and walked to the seat, he sat down crossing one leg.

"Marshal perhaps you'd tell us what you know about these events and the murder of that Comanche boy?"

"Well at the time of the murder of Lucy Honegger and Festus getting shot I was on my way back from Hays. I had camped and woke up at around the same time knowing something was wrong I saddled and rode hard to get back. Newly told me what happened. I asked Newly to see to my horse and saddle a fresh horse while I went to Doc's to check on Festus."

"And that's all you know about the events of that night in Dodge City."

"Yes Judge Brooker. After checking on Festus, I rode out to track Mr Carfax down. Marshal Crown of Cimarron he did some checking when I got there found that Carfax had been seen going southwest. I headed out the next day reached Liberal the sheriff there introduced me to Ted Noonan the barkeep of the Angel Saloon."

"Is he related to Sam Noonan?"

"Yes Judge younger brother. Ted told me that he'd overheard Carfax saying he was on his way to Spearman Texas where he'd meet up with some associates and then head back to Dodge."

"What about the Comanche boy?"

"I arranged with Sheriff Poe to send wires to Spearman and to Cimarron and then I rode towards Cimarron figuring that Carfax would've already passed by. It was later I heard the boy scream I rode over the ridge Carfax had joined some Comancheros and they were tormenting the boy someone had shot the boy in the stomach. I shot Carfax to incapacitate not kill, the Comancheros left and I put the boy on my horse told him to ride."

"What happened after that?"

"The Comancheros came back they shot me in both legs and my left shoulder then stripped my shirt from me and tied me to a Ponderosa pine and whipped me. That's when the Comanche came to my rescue they took me to their camp tended my wounds then took me to Cimarron."

"Mr Taylor?"

"I have no questions for Marshal Dillon we all know his reputation."

Matt returned to his seat between Kitty and Elk Woman.

"Chief Lone Wolf would you take the stand and tell us what you know and why you helped Marshal Dillon?"

Lone Wolf stood and walked to the chair he sat down.

"Little Fox rode into camp on the horse of Lawman. He tell us that Lawman gave him horse before he died he tell us where Lawman was. We go to save Lawman because he gave his horse to the boy. The family of the boy will now think of Lawman as one of them."

Judge Brooker thanked Lone Wolf and turned to tell the jury what the law was and what they had to decide. The jury retired and came back an hour later.

"Foreman of the jury have you come to a verdict that is agreed by you all."

Mr Jonas rose and looking straight at Carfax pronounced the verdict.

"We the jury find the defendant Edward Carfax guilty on all three counts."

"And this is the verdict of you all?"

"It is."

"Thank you. Edward Carfax please rise. You have been found guilty is there anything you want to say before I pass sentence."

"Yeah you're all rotten conniving bastards and I ain't guilty."

"You have been judged to be guilty and the only real sentence I can pass is that you will be taken to Hays at the end of the week and hung by the neck until dead."

Matt and Newly took Carfax back to jail followed by Festus, Lone Wolf, Elk Woman and Brave Fox. Elk Woman hugged Matt close while Festus poured them all coffee. Matt could see that Festus was tired.

"Festus why don't you take a seat before you fall down."

"I'm alright Matthew."

Doc came in just as Festus was protesting that he was okay.

"I'll be the judge of that," Doc said.

Doc took Festus's wrist and looked at his watch as he checked his pulse.

"As usual doing too much. You're going to your room in the Long Branch now."

"Doc I'm fine."

"You're still going to the Long Branch and don't give me that look. You scared the hell out of all of us."

Doc pushed Festus towards the door. Matt knew that Festus would never have allowed that had he been completely fit and well but he was getting recovering and Matt was glad because he didn't really know what he would if Festus wasn't there to cover for him when he had to go away and he always knew that Festus would protect Kitty with his life.