I have always found that mercy bears richer fruits than strict justice.
Abraham Lincoln
Chapter 28: Hard on the Outside
When Matt left the safety of Kitty's arms the next morning, his step was lighter and his mind clearer. A night with Kitty always made his day seem brighter, but there was more to it. He had been burdened with what to do with his prisoners, and she had helped him see through the quagmire that had become for him. Maybe they didn't deserve the leniency she advocated, but he was glad she had helped him see that it was the right thing for him to do.
The war would always be heavy on his conscience. No matter what, the killing would have been a weight for him to carry, but the choices he made had not been easy. He knew the only decision he could make was to fight for the Union because that is where is beliefs were, but it had been hard to fight against the South, against Texas, his home, his people. He would never understand the men who chose to lead the South into a war they could almost certainly not win. They should have listened to men like Sam Houston, should have been smart enough to see what was wrong and what was right, to see the future. Like he told Kitty, the deciding had been easy, but the doing had been hard and the emotional cost high. The war alienated him from his roots. He didn't even think of himself as a Texan anymore. It was like he stopped being a Texan the day he put that blue uniform on. And now, he was a Kansas lawman.
Seeing those boys, during the war, wearing tattered gray and butternut rags, with no shoes, poorly armed, and with not enough ammunition had hurt him. He remembered the accusation in Shug's eyes when he saw him standing there in his blue uniform with that fancy Spencer carbine. He knew he had done what he had to, done what was right for him, but it still hurt him to fight against Texas.
At least this would be one Texas family that he wouldn't be responsible for destroying. It wasn't a lot, but it was something, and he was grateful to Kitty for helping him clarify his muddled thoughts. At least he wouldn't be carrying the weight of their destruction. It was hard for him to forgive them for involving Kitty, and the lawman in him didn't bend easy, but even a lawman wasn't all bone. He still wasn't certain what he would do about Cass, but he felt good about Jeb and Caleb.
He went from Kitty's straight over to Doc's office and let Caleb know that he wouldn't be putting any charges on him. Lucky he remembered to put that sling on before he headed over. Doc was there. He didn't think Caleb really understood the possible ramifications of his part in freeing Floyd. Between getting shot and his youth, he probably hadn't really had time to think about it, but now, when Matt told him he wouldn't be filing charges against him, he could see it set the boy to thinking.
"I thank you for that, Marshal. And I'm real sorry for my part in what was done to ya. I know better and I'm ashamed." He met Matt's eyes and asked, "What about Jeb and my Pa?"
"Your Pa is going to have to face charges. But I'm not going to charge Jeb with anything. I'm heading over to the jail now to let him go."
Caleb smiled, his happiness at that news brightening his whole demeanor. "I'm real glad about Jeb, Marshal. He never wanted to come to Kansas at all. He told Pa that Floyd couldn't be saved, that he needed to pay for whatever he did. But Pa had a real soft spot for Floyd, tried so hard to protect him. Jeb said Pa was blind when it came to Floyd. They had some pretty harsh words. When Jeb couldn't make Pa see reason, he didn't see he had any choice but to come. You know Jeb's got a wife and baby daughter. It hurt him to leave them. You letting me and Jeb go like this is gonna mean everything to them."
Matt pursed his lips. "Mmhmm. Well, I've got to go now, Caleb. I'm glad your feeling better." Then he started out, paused at the door and turned back. "Caleb, I thank you for helping me out there." Then he walked out and closed the door behind him.
Doc was standing in the outer room as Matt left Caleb. He put his hand on his arm, gave a slight nod of his head, and looked him in the eye. "You know, son, I think you made the right decision with Caleb… and probably Jeb too. Caleb's a fine young man, he just got caught up in something real bad."
He would never admit it, but it gave Matt a warm feeling when Doc called him son, filled a void somewhere deep in him. He smiled. "I know that Doc. Kitty helped me some with my thinking."
Doc kinda squinted back at him, ticked his head and scrubbed at his mustache. "Yeah, I'd sort of like to talk to you about Kitty one of these days, Matt."
Matt had a feeling he knew what Doc wanted to talk to him about and was glad it was a conversation for another day, cause he sure didn't know how that was going to go. The one thing he did know was that he wasn't giving her up, no matter what. "Sure, Doc, but I'm heading over to the jail now. See ya later."
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Cass was surprised when the Marshal came back into the cell area. He hadn't seen him since Chester locked them up, but Chester had let them know the Judge was coming today. He didn't know if they hadn't seen the Marshal because he was recovering, or he just didn't want to see them. He had to figure the man would be looking forward to seeing him and his boys go to jail for a good long time, maybe even looking forward to hanging them. He stood and asked, "Is it time, Marshal?"
The Marshal's face was impassive as he answered. "No, Judge Brooking will be here in a couple of hours. The trial is set for three." Then he paused, and Cass thought he saw a small smile flicker across the Marshal's face, but figured he must have imagined it. Then the lawman continued, "I've come to let Jeb loose. I don't think there are any charges that really apply to him. Soon as Caleb's up to it, they can go home. Doc figures that will be another week."
Cass could feel a look of shock and amazement steal across his face. He stepped back from the bars. His legs wouldn't support him, and he dropped down to sit on the edge of the cot, dropping his head into his hands. His eyes filled with tears. After a moment, he lifted his head, the tears falling. "I can never thank you enough for this, Marshal. I'm willing to take whatever punishment the judge gives me, but my boys, oh God, my boys are going home." He stopped to rub the tears away. "Thank you, thank you. After the things we did to you, I don't rightly know how you come to that decision, but I'm grateful."
As Jeb walked out of the cell door Matt opened, there were tears in his eyes as well. "Pa, I been so worried about Sarah and little Lissa. I didn't know what was going to happen to them…without me." Then he sobered, wiped the tears from his eyes with his shirt sleeve. "But Pa, what about you? What do you think is gonna happen at that trial?"
"Don't worry about that Jeb. I'm glad to take my punishment. This all happened because of my choices. I brought this on us. You and Caleb are going to do fine." Class looked Jeb full in the face, smiled, and locked eyes with him. "And, if I get prison instead of hanging, you can write and tell me about the ranch and Lissa and everything."
"We will, Pa. You know that, and I'll be at the trial tomorrow." A look of concern wrinkled his brow. "We didn't kill nobody. Surely they won't hang ya."
"I dunno son. I done plenty bad, so I'll take whatever the judge says. You go on now, breathe some free air."
Matt left the jail more certain than ever that he had made the right decision. Now he needed to prepare for the trial and meet the stage the Judge would be on.
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Not long after Matt left Doc's office, Jeb showed up and knocked at the door. Doc was expecting him, figured this was the first place Jeb would come once Matt released him. He pointed the way to Caleb in the next room.
He could hear them talking. He was glad to hear they were grateful to Matt, understood how fortunate they were that the tough, laconic lawman had somehow decided to let them go. They were surprised he hadn't done his best to send them to prison for a very long time. They figured they owed him a lot for that.
Doc had smiled as he listened from the outer room. They most definitely owed Matt a lot and Kitty too. There was no question those young men probably deserved some prison time, but it sure wouldn't have done them any good. He was glad Matt chose to let them go. He knew all about that compassionate core Matt thought he kept so expertly buried under his hard façade. He just never was quite sure whether, as a lawman, it was Matt's strength or his weakness.
Caleb and Jeb's conversation soon switched to their Pa and what was going to happen to him. Jeb wanted Caleb to be prepared for whatever happened, to understand their Pa was looking at serious trouble.
"Caleb, Pa thinks he might hang for what was done to the Marshal and all."
"Hang? We didn't kill nobody, Jeb."
"No, we didn't kill nobody, and I hope that means the Judge won't see a need for a hanging. But Floyd and us done a lot. We shot a U.S. Marshal …twice and told him we were gonna kill him. Murder him in cold blood really. We treated him real bad. We tried to collect a ransom on him. Then we went and kidnapped that woman. And don't forget, we shot her too."
"But Jeb, Floyd did most of that."
"Yeah, I know Caleb. I had some time to think on this while I was sitting over in the jail worrying about my Sarah and Lissa. If it wasn't for us, that Marshal would have taken Floyd to Hays, and he woulda never had a chance to do all that. It kinda makes it all our fault, and Pa is gonna carry all the blame."
"Gosh, Jeb. I never thought of it like that. You saying it out like that makes me even more thankful to the Marshal. You know, Jeb, that Marshal thanked me for helping him out there. But somehow, it didn't make me feel good about myself. We treated him so bad. And now hearin you say all that, I feel real small."
Caleb was silent for a few long moments. "You know, he almost killed me, back in that cave. He pushed me up against the cave wall, had the chain from his handcuffs squeezed up against my throat. I couldn't breath, knew I was dying. We was eye to eye, and I saw it in his eyes when he decided to let me go, and in return, I cost him a lot of pain and his freedom. I was thinking on it, wondering why, and I finally figured it out. It's cause he just don't like killin. We were terrible wrong about him."
"Yeah, we were, and we ain't never gonna be able to make that right. But Caleb, the Marshal must have seen something in you that he wanted to save. He might not like killing, but I figure he knows it has to be done sometimes. Anyway, Caleb, I wanted you to know how things were so you'd be prepared. Pa's trial is this afternoon. I'm gonna be there of course."
"Jeb, I need to be there, too."
"I dunno, Caleb. I'd sure like you there with me, but you think you're up to it."
"Yeah, just get me my clothes. I can make it if you'll help me some."
Doc wasn't exactly pleased by that last development, but he understood the boy's need to be there. As long as he took it easy, and Jeb helped him, Doc figured Caleb would be fine, not that he'd be giving them his approval. He was kind of curious about what Caleb said about Matt not killing him, but he doubted he would ever hear that story. Matt was mighty close-mouthed most of the time.
To be continued…
