Chapter 25

"There is nothing permanent except change."

~Heraclitus

The next morning, Jack opened the cell door for Will Burns to exit. "It's time to head to court. Are you sure you don't want some coffee or anything for breakfast?" Burns shook his head as he walked through the cell opening and stopped near Jack's desk.

Jack frowned as he studied Burns. He walked around to face Burns. "If there's anything you want to tell me... anything at all that you want to say, now is the time to do it. When we get to court, Judge Black will rule on the evidence presented by Mr. Gentry and you may very well be heading to Medicine Hat Prison." Jack spoke in a low, somber voice.

Burns looked up and met Jack's gaze when he mentioned the prison.

"Is there anything you want to say? Is there something else going on here that I should know? Is there something you want to tell me about Mr. Gowen?" Jack realized he may have gone too far with that last question, but he was so angry that Gowen might be forcing this man to prison to cover his own negligence.

Burns shook his head and looked down at his feet. "My Dad told me if you lay down with dogs, you're gonna get fleas."

Jack's eyes widened, wondering if Burns might be ready to talk. However, Burns looked back up at Jack and said, "Let's just go to the saloon and get this over, Constable."

Jack shook his head, directed Will to the door, and followed him.

It was standing room only at the saloon the next morning as the entire town turned out to hear what Judge Black would rule. People were even sitting on the stairs.

Judge Black called the court to order. "Now, I spent much of last night reading over these documents you gave me, Mr. Gentry," he began. "Just to be clear, you say the Pinkertons found these in Will Burns' desk night before last?"

Gentry stood. "Yes, your honor. The Pinkertons found them. They can testify to that, if you'd like." Gentry motioned towards the Pinkertons seated behind him.

"No, that won't be necessary. I'm sure they'll just corroborate what you say, anyway." The judge waved for Gentry to be seated as he thumbed through the papers. "It was interesting reading, I'll give you that. Very interesting..."

Gowen and Pope both shifted nervously in their seats as the judge spoke. Judge Black looked up from the papers and stared intently first at Gowen and then at Pope. Both men squirmed under the intense gaze of Judge Jedidiah Black. Suddenly, Judge Black swiveled his gaze to the right. "Is Will Burns here, Constable?" he asked Jack.

Jack and Burns were seated at a table to the far right. Jack stood. "He is, your honor," he answered as he tapped Burns' shoulder, signaling him to stand. Burns pushed his chair back and stood, looking down at his feet.

"Mr. Burns," the judge called as he held up some of the documents. "Are these papers from your desk as Mr. Gentry contends?"

There was silence in the saloon as all eyes were on Burns, waiting for him to answer. After a very long pause, without looking up, Burns replied in a low voice, "Yes, sir."

Judge Black set down the documents and studied Burns. "Son, these documents are pretty damning. They indicate that you were well aware of safety concerns in that mine shaft for months. That you knew the gas in the mine was reaching dangerous levels, but you chose to do nothing about it. You didn't make your boss, Mr. Gowen, aware of the safety concerns or the gas levels. Is that correct?"

Burns closed his eyes and then nodded his head. The judge shook his head. "Why would you do that?"

Burns' eyes opened quickly and he seemed to be searching the floor. He folded his hands together and wrung them slowly. He didn't respond to the judge. The judge waited patiently for a couple of minutes before rebuking him. "Mr. Burns! Why would you not act on this information? Why didn't you tell you boss, Mr. Gowen?"

Burns finally looked up and shrugged. "I really don't know, sir. Maybe I just didn't want to deal with him. He can be a bully," he explained.

Some laughter could be heard from the audience but the room quickly silenced when Black scowled at everyone. He turned back to Burns and narrowed his eyes. "That may be so, but that mine exploded and all those men died." Burns just looked down and shook his head. Judge Black frowned and looked down at the file in his hand before asking, "And why you didn't destroy these papers? Seems like if you didn't want anyone to know you would've gotten rid of them."

Burns glared at Gowen before looking down again. "I guess I didn't think anyone would ever find them," he said through gritted teeth.

The judge studied Burns as he slowly exhaled. He continued to comb through the papers for several moments before speaking again. "Well, this is pretty overwhelming evidence. Not to mention the confession you signed for the Pinkertons. This court has no choice but to charge you with criminal negligence in the deaths of the 47 miners killed at the Pacific Northwest Mine. How do you plead, Mr. Burns?" Burns looked up, swallowed hard, and answered, "Guilty."

A wave of whispers passed through the saloon but Judge Black silenced them with a stern look.

"Well, okay," the judge began as he neatly stacked the papers and pushed them to the side of his table. "This case is certainly very unusual. I'm not quite sure what to make of it. Something here just doesn't seem to be as it seems. However, I have no choice but to give you some prison time, Mr. Burns."

The judge studied Burns carefully before turning to look back at Gowen and Pope. Again, both of them shifted in their seats and looked away from the judge's scrutiny. The judge's eyes narrowed. He looked back to Burns and his face softened just a bit. He finally announced, "The law dictates prison time with a minimum of six months to a maximum of twenty years."

Burns' eyes flew to the judge, fear washing over his face.

Judge Black continued, "Therefore, I sentence you to six months at Medicine Hat Prison."

Again, whispers spread across the room. This time, Judge Black rapped his gavel once to quiet everyone. "Now that we've dealt with this unexpected criminal case, let's get back to the civil suit against Pacific Northwest Mine Company. I believe we've heard enough testimony to proceed to a ruling. Do either of you have any more witnesses to call. Avery?" he asked, looking intently at Bill. His narrowed eyes clearly conveyed his desire to get this matter concluded.

"No, your honor," Bill responded.

Meanwhile, Pope had leaned forward and was whispering something to Gentry. Gentry motioned for him to sit back. "It's okay," he assured Pope. " Then, he lowered his voice, "No need to worry. With Burns headed to prison, the company is clear." He nodded his head to emphasize his certainty that the judge's ruling would go their way.

"Gentry!" the judge bellowed. Gentry's attention snapped back to the judge. "Uh... no, your honor, no more witnesses," he agreed.

"Well, okay, then," the judge concurred as he looked over some papers. Everyone in the saloon sat in rapt silence, awaiting the ruling. Gentry turned to Gowen and then Pope, smiling smugly. Pope nodded but didn't return the smile. Gowen, however, was intently watching Judge Black, his face tight.

Finally, the judge looked up and addressed everyone. "Well, this is an unusual case. But, it's actually quite clear where the responsibility for this terrible tragedy lies." He looked squarely at Henry Gowen. "Therefore, I find the Pacific Northwest Mining Company liable in this matter."

Numerous gasps could be heard around the saloon.

"Your honor!" Gentry exclaimed. "Liability? For the company?" Gentry was confused.

The judge nodded. "Yes, liability. Your employee here has been found guilty of criminal negligence. Therefore, the company is liable for the damages he caused."

Pope quickly leaned forward and whispered something in Gentry's ear. Gowen remained in his seat, but his face and neck were turning red. He was enraged. "Will Burns was acting on his own," Gowen yelled at Judge Black. "The company had no part in his actions. He acted alone!"

"But, he was your assistant, Mr. Gowen," Judge Black reprimanded. "Was he not paid by the company?" Gowen glared at the judge but didn't answer. "Answer the question Gowen. Was he a paid employee of Pacific Northwest Mining Company?" the judge reiterated. Gowen continuing staring down the judge and finally nodded his head once. "Then the company bears responsibility due to its employee's negligence," Judge Black stated authoritatively.

Pope continued to speak in Gentry's ear. "Mr. Gentry," Judge Black asked sharply. "Do you have something to say to the court? Or is Mr. Pope firing you on the spot?"

Gentry's jaw locked as his eyes flared with anger. He turned to Pope and pointed him back to his seat. "No, your honor," he answered in a strained voice.

"Well, okay, then. I find that since the Pacific Northwest Mine Company's employee is criminally negligent in this case, the company should pay each one of widows and the one surviving miner," he glanced down at his papers briefly before finishing, "five hundred dollars."

This time, everyone in the audience gasped.

"Your honor!" Gentry protested.

"Five hundred dollars?" Gowen yelled.

Pope was shaking his head and called out, "Never!"

Black knocked his gavel once and everyone quieted. He turned to Gowen. "That's about a year's salary, isn't it?" the judge inquired. He received no answer, but continued, "And you are responsible for the education of the children of the killed or injured miners."

Elizabeth's eyes widened. Gowen, too, realized quickly what the judge had just said. "Your honor?" he asked. "Does that mean that the mine company will now pay the school teacher's salary?"

Elizabeth's mouth opened in astonishment and horror as she shook her head. Jack looked over at Elizabeth, clearly realizing the implications. He looked to Judge Black, shaking his head as if to tell the judge to stop.

Judge Black mulled it over and, though he hadn't seen Jack's signal, he reconsidered. "No," he announced, "I think not."

Elizabeth exhaled with relief.

"Let's see," the judge considered his ruling carefully. "I believe twenty dollars per child per year until they complete grade school would be appropriate. The mine will give that money to the mayor of Coal Valley, who will then use the money to pay the teacher's salary and buy any needed supplies. That money is to be used only for those two things: teacher's salary and school supplies. Is that clear, Mr. Mayor?" He scanned the crowd for the mayor.

Mayor Ramsay stood and spoke clearly and authoritatively. "Yes, your honor." As he sat down, Dottie Ramsay patted her husband's arm and smiled proudly.

Pope was seething but Gowen was surprising calm as the judge turned back to them. "Let's see..." he glanced down at papers on his desk. "Is there anything else... Oh yes! Gentleman, the Bureau of Mines will be alerted to your company's negligence in this explosion. Expect them to take a keen interest in your company and, especially, this mine." Pope balled his hands into fists as he glared at the judge. "And don't get any ideas about closing this mine. I'm going to speak with the head of the Bureau of Mines about ensuring this mine and town remain open."

Abigail bravely looked over at Gowen, expecting to meet his angry stare. She was surprised to see his head bowed as he stared at the table. His mouth, however, was screwed into a full, angry pout.

"I think that's it," Judge Black pronounced. He rapped the gavel once. "This court is adjourned." He turned to Jack. "When's the next stagecoach?"

Jack was a bit startled by the question. "Ummm... actually, it should be here this afternoon." The judge nodded. "Good." He picked up all the papers and the gavel from his table and headed up the stairs as the courtroom erupted with everyone talking at once.

Immediately after the judge rapped his gavel, Gowen shot out of his chair, deftly working his way through the crowd to the door. Pope coolly watched him make his hasty exit. Once Gowen had exited the saloon, he turned to Gentry, who was somberly gathering his papers from the table. "I'll deal with you after I deal with Gowen," he threatened Gentry before he, too, made his way out of the building.

Jack turned to Burns. "Stand up, please." Burns stood as Jack pulled handcuffs from his pocket. Burns' eyes widened. "You've been convicted and we have to go back to the jail. These are required," Jack explained. Burns nodded and turned, his hands behind his back. Jack placed him in the handcuffs and walked him out of the saloon. A hush fell over the courtroom as everyone watched Burns and Jack leave.