Chapter Nine

October 1883

Heyes filed the necessary paperwork, paid the fee to retain Richard Nickersen as the Kid's attorney and found himself temporarily employed by the attorney. As long as Heyes was on his way to San Francisco, Nickersen thought he could use a man with Heyes' experience and intelligence to locate a missing person another client was concerned with and who was thought to be in the California city. Heyes could save Nickersen from hiring a Bannerman man and Heyes would make some honest money to supplement his poker playing.

Heyes' first order of business after he left Denver was a detour to Laramie, Wyoming. He told no one of his plans as he was sure everyone would try to talk him out of visiting the Kid in prison. Heyes knew his friends were only looking out for his welfare but it hurt to think how readily most were willing to give up on the Kid in the name of being realistic; no one seemed to think the infamous gunman would ever see freedom again. He found out the last Sunday of the month was visiting day. In his misery and shock of August's events his thinking had been muddled and he missed his opportunity. He was not going to miss the last Sunday in September.

Unfortunately, he arrived at the imposing brick and stone edifice and conquered his anxiety, only to be told that inmate Curry's visitor's privileges were revoked. No further explanations were given despite Heyes most persuasive manner and his willingness to ignore multiple muttered snide remarks. It was with profound disappointment and a renewed sense of loss that Heyes boarded yet another train.


The train journey to San Francisco was uneventful. Silky and Soapy were glad to see him and eager to celebrate Heyes' amnesty. The first few days were spent dragging Heyes, despite his protests, in rounds of wining, dining, poker playing and other diversions. It took the better part of two weeks to locate and report back to Nickersen the whereabouts of the no-longer missing man. Heyes no longer had constant activity to distract him and found himself being reminded of the Kid every day. There was always some connection in evidence; their lives were so intertwined for so long it seemed impossible separate his memories from the man.

Silky heard the door slam shut as Heyes entered the Nob Hill mansion. He waited to see if Heyes would join him or stalk upstairs. The last few days, Heyes had seemed moodier and moodier but Silky couldn't get him to open up. The old con man had a deep affection for Heyes and knew he was having difficulty adjusting to life without his gunslinging cousin by his side. He understood the reason, knew the two had a strong bond between them. He wanted to help Heyes move on with his life; after all, it was not as if Heyes had never contemplated life without Curry given the partner's lifestyle. Heyes entered the library to find Silky waiting for him.

"How was the poker, Heyes?" Silky asked, to start conversation.

"Came out moderately ahead, more like how the Kid would do. I have the magic in the high stakes games but in the saloon games I can't seem to concentrate on just the cards. I don't think I ever really understood what Kid's presence did for my playing. I mean, I played close cards when we separated for some reason or another and I know I didn't usually win as much in those games when he wasn't around but I'm not wanted now. I don't have to watch out for sheriffs, bounty hunters or someone trying to shoot me in the back but I damn near got involved in a gunfight this afternoon over a thirty dollar pot; it scared the hell out of me. Silky, I miss him and not just because of his gun." Heyes sat heavily down on the couch and pushed his too-long brown hair off his forehead, avoiding Silky's gaze. Silky took a deep breath and gathered his thoughts. Heyes had just provided him with the opening he had been waiting for, although, he expected the conversation to be unpleasant and uncomfortable for them both. Silky was determined to be honest for what he hoped was Heyes' own good.

"I know you miss him, Heyes. Kid's an easy man to miss. But haven't you thought about life without him around? I mean, Kid Curry is a gunman, the "Fastest Gun in the West", a walking target for every other gunman out to make a name for himself. He has already lived longer than someone with his reputation can expect. He was living on borrowed time, the two of you know that. You must have reconciled yourself to the eventuality of his violent death either by a bullet or a noose. There are old con men but I have yet to meet an old gunslinger," Silky stated bluntly, steadily looking straight in Heyes' face.

Heyes sat open-mouthed, not knowing whether to be angry, defensive or simply astounded at Silky's words. "No, Silky, I've lived in fear that Kid would be killed in a gunfight or that some bounty hunter, posse or lawman, because of his reputation, won't even try to take him alive but I try not to dwell on it." He finally found his voice to whisper huskily back.

"The gun just causes trouble. It's why he's in prison and you are not. I'm not surprised that the governor held up your amnesty because of the Kid's reputation. I'm sorry about that, Heyes, I really am. I sincerely wish that the two of you were sitting here free but I'm not surprised it's just you that's here. The Kid did the right thing. I know you're having trouble accepting that, but he was right. Staying together, running like you were, would have eventually caused your death as well as his. You know, you could've had a great career as a con-man. Wouldn't have wound up with a ten-thousand-dollar dead or alive reward on your head as a con-man. Con-men have no need for guns but your cousin was just too attached to that Colt he wore and he's paying the price now."

Heyes' astonishment of the conversation's direction was now turning to anger. He could chastise the Kid but no one else could and definitely not when Kid wasn't there to defend himself. Heyes was having trouble understanding why Silky was saying these things.

"Kid could work the con. He has worked the con successfully. You, Soapy, Diamond Jim and the others just never looked beyond the gun to give him the chance. Kid's skill with the Colt has kept me alive more times than I can count and even has kept you con-men alive a few times so don't tell me the six-gun hasn't come in handy. Besides, I never would have stayed a con-man forever. I'm the larcenous one. I dragged him into big-time thievery. There's nothing sweeter than hearing the last tumbler fall into place and unlatching the handle on a supposedly impenetrable safe. I liked safe-cracking. I still like safe-cracking. I just like freedom more. I would like freedom best if my partner was free as well. I just retained an attorney for the Kid and I am going to work on getting him out of that prison even if it takes years. Silky, you can help me and accept my decision or we can say good-bye." Heyes rose to his feet, a deadly serious expression on his face, and waited for the old con-man's response.

"All right, Heyes, I'll drop the subject but I just didn't want you wallowing in misery if things don't work out the way you planned," Silky said in defeat.

"Things already haven't worked according to plan. I am miserable but I'll try not to wallow. The Kid is more miserable than me so I have no right wallowing." Heyes accepted Silky's indirect apology, knowing that the man was only trying to help. He pasted a small smile on face, gently slapped his old friend on back and added, "That reminds me; I am taking tomorrow afternoon's train back to Denver. Nickersen wired me he is ready to discuss our options for the Kid. He apparently received the papers he was waiting on from Wyoming."

Silky turned out the library lamp and the two friends ascended the stairs to the second floor, an understanding reached between them.


Richard Nickersen looked at the papers strewn across his desk, at the picture of his son amid the happy family sitting in a gold frame on the corner of his desk and finally at the haggard-looking dark-haired man expectantly sitting across from him. He took a deep breath and started to explain. "Heyes, you were granted amnesty by the Governor of Wyoming. The word amnesty comes from the Greek word amnestia, meaning oblivion. In law, this means that by an executive act that you were restored to a position of an innocent person. In other words, by granting you amnesty, it is as if you never committed any crimes. Amnesty obliterates all legal remembrance of offenses. Amnesty is no longer an option for Mr. Curry since he has already been convicted." Heyes nodded his understanding.

"I have here copies of documentation and records that I requested from Wyoming." The sandy-haired lawyer pointed to a pile of official documents perched on the left side of his desk. Heyes leaned a little closer to see what Nickersen was pointing at and picked the first few documents off the top of the pile.

"The governor and the attorney general's office prepared and executed an iron-clad legal action against your partner. All the t's are crossed and the i's are dotted. There are no legal loopholes, at least none that I can see, to attack. They left no grounds for a motion for mistrial. Your partner legally waived his right to a trial by jury. Grounds for appeal do not exist on any technicality and unless we have new evidence that will support Mr. Curry's innocence that avenue is closed as well." Nickerson watched Heyes shake his head as he deposited the papers he had been scanning back on the pile in the corner of Nickersen's desk.

"No, unfortunately, we're guilty as sin of the crimes he was convicted off and actually of some that aren't even mentioned," Heyes ruefully replied.

"Your partner obviously did not have legal advice or did not understand the consequences of what was happening."

Heyes interrupted, stood straight up from his chair and fixed Nickersen with an intense serious stare. "Don't underestimate my partner, Richard. The reputation we have, that is me the brains and him the brawn, served its purpose, at times, but it's completely inaccurate. Kid Curry is a very smart man, not book smart but smart nonetheless. He knew exactly what he was doing and he knew the consequences. He did what he thought was best for me. He was wrong in his thinking but he was thinking."

"I know you said he knew what he was doing when you first told me your story. I just find it difficult to comprehend. I guess that part of the rumors is true then. Okay, please except my apology on behalf of your partner, Heyes. Shall we continue?"

Heyes sat back down and nodded for the other man to go on. "The only course of action I can see, and the one I am recommending is to pursue a presidential pardon. Unlike amnesty, which I explained previously is as if the crime was never committed, a pardon, is a forgiveness of a crime. The penalty for the crime is also mitigated. The constitution under Article II, Section 2, grants the President powers to grant reprieves and pardons. Now pardons are typically granted after a period of time, usually three to five years, after the sentence is completed. In addition to criminal penalties such as a prison term, a person who is convicted of a felony is subjected to civil penalties. These include: losing the right to vote, ineligibility to hold public office, the prohibition of obtaining various licenses or government benefits among other penalties. A pardon removes those civil penalties. However, it does not remove the conviction, only the penalties attached. A pardoned individual is still legally obligated to disclose his conviction when such notification is required. Since your partner is serving a life term we are also going to ask for a commutation of sentence, ideally to time served but at the very least a reduced sentence, otherwise he will not be eligible for a pardon. In theory, we could petition the Wyoming Territorial Governor for a commutation of sentence and pardon but given the circumstances surrounding Kid Curry's imprisonment, the likelihood of success is extremely low. A presidential petition is the only remaining viable option. Are you still with me, Heyes? You can ask questions now or wait until I explained the procedure for a pardon application. When I've explained the procedure, I want to outline what each of us can do and a general timeline for proceeding." Richard picked up a paper with his notes from a pile directly in front of him as he glanced at his client's reactions to what he was explaining. The attorney noted the look in those intelligent brown eyes that indicated that not only was Heyes taking in everything he said but his mind was racing ahead.

Richard Nickersen went on to explain that pardon applications were submitted to the Office of the Pardon Attorney for evaluation and recommendations before review by the President. The required areas covered in the petition were reasons for seeking a pardon, a listing of convictions and arrest record, a minimum of three character references using official affidavit forms and additional letters of recommendation. Additional material that could help support the petition were civil and economic concerns, such as did the petitioner have a place of residence, a guarantee of occupation or economic support and were there civil or religious organizations to sponsor and guide the petitioner if the pardon were granted. When he was finished, Heyes asked pertinent questions that reinforced the attorney's instincts that he wanted to help this duo. The two men formulated a plan of action.

Heyes would gather the affidavits of character and solicit letters of recommendation. He would also start to think about a permanent place of residence and an occupation for the Kid and himself.

"I guess I better find something more respectable than professional poker player by the time we're ready to submit the Kid's application," Heyes remarked in jest.

Nickersen chuckled and replied, "I think maybe you should. Maybe I can help with that also."

Nickersen would start to complete the pardon application. They would periodically meet to update each other on their progress. Nickersen also would write to the Wyoming Territorial Prison for a date and time to visit his client and would notify Heyes when permission was granted.

Evening had arrived by the time the two men finished their planning. Nickersen inquired if Heyes would be available for occasional investigative or security jobs for him and some of his colleagues. He was very impressed with how quickly Heyes had completed the previous job. Upon Heyes' affirmative answer, he passed Heyes a business card of a friend who had need of a discreet investigator. Heyes promised to stop by the potential employer's office in the morning. They could hear Estelle in the outer office starting to tidy up the reception area and her desk in preparation for leaving. Heyes stood to take his leave when Nickersen hastily caught his attention.

"Please forgive me, Heyes, I was supposed to invite you for dinner tonight but it slipped my mind earlier; please join us. Audrey will never forgive me if she found out I was neglectful in my social obligations. I am sure she has been cooking all day. No pie, I think she was making a cake. Does your partner like cake?"

Heyes smiled back at Nickersen "My partner likes all food, cake included. I have no dinner plans so I would be delighted to dine with your family again. I'll have to think of a few more exciting non-criminal stories for Tommy on the way over." A fleeting wistful expression passed quickly over Heyes' face before returning to the pleasant public façade.

"Heyes, I think Kid Curry has a good chance of being granted a pardon but it will take time, maybe months, most likely years. Public opinion was generally positive regarding your amnesty; President Chester A. Arthur is from New York, not the west and is from Irish descent, which may be a subtlehelp; you have some influential persons in responsible occupations as friends for the affidavits. Mr. McCreedy, Sheriff Lom Trevors, Judge Hanley and the Bannerman detective, I forgot his name, might be good choices to start with. Keep your hope alive but don't let this consume you as I said, the process may take longer than you wish. Live your life for now," Nickersen said kindly as he ushered Heyes out of his office and into the waiting carriage.

Heyes could wait; as long as things kept proceeding he would wait patiently for the time when the Kid was where he belonged, right beside him. He hoped the Kid could wait as well. He tried to shake the feeling that the pardon process was going to be a race against time. Heyes knew his partner and his cousin's thoughts about prison. He prayed he was right and the Kid was wrong, that there would be opportunities to make the time less hard and Curry would learn to survive and more importantly would want to survive.

Heyes suddenly broke into a grin when all of Nickersen's words registered. Harry Briscoe as a responsible influential person completing an affidavit of character for Jedediah Curry?