As Festus improved a little more each day for the next week, Doc did what he could to keep Matt from talking to him about the events that lead up to his injuries. But eventually he would have to be told as Bill Jacobs trial started.

The prosecution held off on calling Festus as a witness until the third day.

"Easy now Newly," Doc said as the younger man helped Festus down the stairs from Doc's office.

"Tarnation Doc," Festus said slapping his hand away. "Yer all actin like I was just bern. I ain't no baby to be swaddled."

"Hush," Doc replied swiping at his mustache. "You shouldn't even be out of bed, let alone walking around."

"Aw foot," Festus replied eyeing the old doctor. "Didn't I tell ya before Doc, us Haggens ain't that easy to kill."

"Well," Doc replied as they stepped onto the board walk. "I'm beginning to believe that!"

Matt smiled as he took Festus arm and helped him into Doc's carriage. The makeshift court room within the lobby of the Dodge House wasn't but a walk away but Doc insisted Festus would ride there instead of walk because his ribs were still wrapped as well as the wound on his head.

"Now listen Festus," Doc said taking the reins. "Just answer the prosecutors questions as best you can and if it gets to be to much, you let them know."

"Wal I don't even know what they a wantin me to tell em," Festus said evenly. "I done tol every one, I can't remember."

"And that's fine," Doc said stopping the carriage at the door to the hotel. "If that all you know, then that's what you tell them."

Doc, Matt, Kitty and Newly all took a seat behind the prosecutor as Festus was sworn in and Brooker brought the court to order. "Your witness, Mr. Morgan," Brooker said looking at the counsel for Bill Jacobs.

The man wasn't a big city attorney but he knew his job well enough to know that questioning a witness in Festus condition was going to be relatively easy.

"Deputy Haggen," the man said coming to stand in front of Festus. "My client says he didn't hurt you, can you attest differently?"

"No," Festus replied slowly.

"Isn't it true Deputy, that you can't even remember the events of that day," Morgan asked.

"Yes," Festus replied again making eye contact with the man. "Funny how things happin to a man who's kicked in the head."

Morgan cleared his throat as Brooker wrapped his gavel. "Please just answer the questions Deputy Haggen."

"It's been said that Bill Jacobs brother Doyle did this to you," Morgan continued on. "Can you confirm that."

Festus ears started to ring at the mention of that name and for a brief moment the color left his face. "What did you say," he asked looking up at Morgan slurring his speech.

Doc, watching his friend intently became concerned when he seen the color drain from his face and his slurred speech. "Ask for a recess," he said leaning forward and tapping the prosecutor on the shoulder.

"Your honor," the prosecutor said standing as Morgan continued.

"Answer the question if you can Deputy Haggen. Did Doyle Jacobs do this to you?"

Festus closed his eyes for a second and then he put his head into his hands as so many voices raised around him. Finally Judge Brooker's gavel wrapped as he tried to get the court back in order.

"Deputy Haggen," Judge Brooker said looking at Festus. "Do you need a recess?"

Doc still on his feet, waited for Festus to respond. "No," Festus said finally looking at the judge. "He's right, it was that there youngin's brother all right."

"How do you know Deputy," Brooker asked.

"Cause I remember now," Festus replied slowly letting the memories come back. "Billy was shackled the whole time when we was ambushed, thar's no way he coulda done nothin to me."

"See, I told you!" Billy yelled. "He knows the truth!"

Brooker turned in the direction of the outburst. "One more word out of you and I'll have you locked up for the duration of these proceedings!"

Billy sat down as the Judge continued. "Based on the fact that Deputy Haggen is alive isn't because of you, young man! You're still an accomplice and as such you will be sentenced."

Looking toward the prosecutor and Billy's own lawyer, Brooker spoke directly. "Are there any further questions for Deputy Haggen?"

"No judge," Morgan replied smugly as the prosecutor said the same.

"Fine," Brooker said turning back to Festus. "You're excused Deputy."

Doc slid past everyone and went directly to Festus side. "Festus," he said making eye contact with his friend. "Are you alright? How do you feel?"

Festus took a deep sigh before he spoke. "Ready for that fishin trip Doc," he said as Doc smiled broadly.

(Long Branch)

"I told ya them new fangled reels and poles wasn't no good," Festus said loudly entering the saloon.

"Oh you did, did ya," Doc yelled back following the hill man. "Well I think you jinxed my pole, that's what I think."

"Why you old scutter," Festus said approaching the bar. "If in I was to do sum thin like that, wal I'd be one of them there witch doc's."

"Boys," Kitty said handing them both cold beers. "I take it from the conversation the fishing was no good?"

"You take it right Kitty," Doc said pulling on his earlobe.

"Why it's all his in fault Ms, Kitty," Festus said sipping his beer. "Toss it out like this, reel it in like that! Why he done scared off all the fish don't ya see!"

"Back already you two," Matt said entering the Saloon.

"Yes we're back," Doc complained.

"Well good," Matt replied holding out a telegram. "I got here a telegram from the Judge, Bill Jacobs is in the penitentiary and will serve at least twenty years for his role in the strong arm robbery and what he did to Festus."

Festus couldn't really feel happy about that or he didn't really know if he should since the kid was so young. "Thank you Matthew for lettin me know."

"Matt nodded before he spoke. "Well, I just don't know why I couldn't see the truth."

"Well," Doc said looking at the large lawman. "Your not infallible Matt, we're human. We all make mistake once in a while."

"Ya like not using a bamboo pole when ya go fishin!" Festus said.

END