"Lawmen aren't all bone."
"A lawman's got feelings..."
Matt Dillon in Gunsmoke: Gone Straight, Season 2 Episode 20; Directed by Ted Post, Written by John Meston, Screenplay by Les Crutchfield.
Chapter 29: Lawmen Aren't All Bone
Judge Brooking arrived on the afternoon stage, and, as was expected of him, Matt met the stage and briefed him on the charges, well charge, he planned to put on Cass Dunbart. The judge had voiced his concern that simply charging Cass with aiding in the escape of a prisoner didn't seem strong enough. He could see by looking at him that the Marshal had been hurt and hurt bad. There was the sling, the bruises, cuts, and abrasions on his face, his stitched up brow, and the careful way he moved. He knew there should be charges of assaulting a U.S. Marshal and maybe others. Matt was being evasive, and that was unusual for the usually straight-speaking lawman, but he was insistent that he didn't really think any other charges were appropriate.
The judge asked if their had been accomplices. Matt told him there had been, but they were young, had acted under the influence of their father and had not really been actively involved in freeing his prisoner and preventing him from getting to Hays on time.
The judge still had reservations. "Matt, I can see by looking at you that these people did some damage to you. You recall that I was presiding in the courtroom when Floyd Dunbart threatened to kill you and accused you of being a traitor. Now I want some clarification on this issue. If the father and brothers are anything like him, society would be well-served by putting at least the father in prison for a good long time… and, from what I see, he deserves it."
"Judge, I can promise you, they are nothing like him. They did free Floyd, and I guess that means they share some blame, but Floyd was responsible for most of the injury that was done to me, and he's dead. I was forced to kill him or be killed. He was sick in his head, and he blamed me for some things that happened in the war. I was a Texan in the Union army, and he was a Texan in the Confederate army. The details of that don't matter any more; the war's over now."
"So what kind of man is this Cass Dunbart?"
"He's a good man, Judge, a good father, and his sons are good men. He loves his family, and he regrets what he did. I don't see that any good could come out of him going to prison for a long time, so I'm hoping that you'll see fit to accept the charge I suggested."
Matt paused, thought about the war, what Kitty had said to him, and Cass sitting in his jail cell so grateful his sons were going free, willing to take his punishment for the wrong that was done. He took a deep breath and expelled it. "Judge, I'd also like to ask you to be lenient in the sentencing. I'm asking you to be lenient because of extenuating circumstances. He has waived his right to a jury trial and will accept your judgment and sentence."
"Matt, you know I think highly of you as a man, and I know you're a fine lawman. I do find your request unusual, but I also respect your judgment. What kind of extenuating circumstances do you see here? Seems to me he's guilty of the charge and a lot more."
"It's complicated, Judge, but it all goes back to the war. Cass had misunderstandings and, despite everything that happened, it just wouldn't set right with me to see his life ruined."
The Judge took his own deep breath and searched Matt's face. "All right, Matt. I am going to go with your request for the simple charge of aiding in the escape of a prisoner. I hope you aren't making a mistake on this. As to being lenient in the sentencing, I'll make that decision after I hear the man out. I'll see you in court."
Matt exhaled a long breath. He knew he'd done what he could. "Thank you, Judge."
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At 2:30, Doc headed over to the courtroom. He was curious as to how this was all gonna end up, and he wanted to keep an eye on Caleb. This was going to be a stress on the boy's recovery. He sure didn't think Cass would hang, but the law was a funny thing. And thinking back to the shape Matt and Kitty had been in, and what those men put the two of them through, and thinking about Buck coming into town with all that blood on his saddle, well just maybe Cass did deserve hanging.
He wasn't surprised to see Kitty also walking towards the makeshift courtroom. He called out to her, and she turned. "Hi, Doc, you going to the trial?"
"Yeah, I wanted to see this to the conclusion. Did Matt ask you to testify about the ransom note and all?"
Kitty smiled and shook her head. "No, he didn't think that was necessary. He thought the case was pretty straightforward. But I guess I kind of wanted to see it through to the end too."
"Hmph, he didn't ask me to testify either. I guess he thinks he has plenty of evidence to put Cass away for a good long time."
Doc escorted Kitty into the courtroom and they took a seat over on the far right where they would have a good view.
Not long after they were seated, Jeb and Caleb came in and sat behind the defendant's table. Doc figured they wanted to be close by to give their Pa support.
At 2:45, Matt escorted Cass into the courtroom. He seated Cass at the table for the defendant directly in front of Caleb and Jeb and took a seat next to him.
Doc saw Matt's eyes track across the courtroom, assessing for any potential danger. Saw his eyes pause, first on Kitty and then him, acknowledge their presence, and then continue across the room. Doc figured looking for danger was just a way of life for the man. At least he didn't figure there would be any shouted threats against Matt's life today, and he was glad of that.
The courtroom was nearly empty except for a few curious townsmen and, of course, Jeb and Caleb. Doc noted that Caleb was pale, but that Jeb was looking out for him.
Doc hoped the outcome would be positive for this family.
The last minutes ticked by, and the Judge entered at precisely three. After the usual formalities, Matt was asked about the charges against the prisoner, and he stood and said, "Aiding in the escape of a prisoner."
Doc's eyebrow went up and he looked at Kitty, perplexed. Surely that wasn't the only charge? Kitty met his raised eyebrow with one of her own, but where his expressed confusion hers seemed to be daring him to find some fault with the charge. Then she shifted her gaze to Matt, and Doc watched her give him a stunning smile. He was surprised Matt didn't melt on the spot. He remembered Matt saying that Kitty had helped him "some" with his thinking. He was beginning to think she had helped him a whole lot with his thinking.
Doc also checked out how the Dunbarts were responding to the charge. Cass just looked confused. But Doc could see that Jeb understood that the charge was a lot less than expected, saw the look of hope as he whispered something in Caleb's ear, and Caleb nodded.
The Judge requested that Cass stand and asked him if he had anything to say in his defense.
Cass met the Judges gaze evenly. "I have no defense, Judge. I made a mistake in getting my son loose from the Marshal here. I wrongly believed the Marshal had done some terrible things." He inclined his head towards Matt. "My boy treated him cruelly, and I allowed it. In the end, the Marshal had to kill my son Floyd to save himself and Miss Russell."
Doc heard Kitty's slight intake of breath, saw Matt wince and a brief look of confusion pass over the Judges face. So Matt hadn't mentioned the ransom and Kitty's part in this to the Judge. That surprised him a lot. Matt was mighty protective of Kitty, and Doc figured that, above all, Matt would want them to pay for what they did to her. He sure was glad he hadn't missed any of this. He was gonna have some questions for Matt when this was over. For now he pulled his attention back to Cass.
"I know that the Floyd I knew died in the war; the Marshal here just put an end to his suffering. Despite what I done, Marshal Dillon treated me and my boys with respect and mercy. I accept whatever punishment you see as fit, Judge."
The Judge carefully scrutinized the defendant and his two sons and then turned and locked gazes with the Marshal. There was a long pause and a deep sigh before he finally looked back at Cass and delivered his verdict. "Cass Dunbart, I find you guilty of the charge of Aiding in the Escape of a Prisoner and sentence you to five years at hard labor in prison."
Doc saw Kitty purse her lips, her complete focus on Matt, almost as if she was trying to read his thoughts. Doc shifted his gaze to the Dunbarts, saw Cass sigh in relief, saw Jeb and Caleb smile and nod to one another.
The Judge paused, caught Matt's eyes one last time, then continued. "Marshal Dillon has asked for leniency in sentencing, and, in consideration of that request, I am suspending the prison term. Cass Dunbart, you will serve a probationary period of five years on your ranch in Texas. Should you break the rules of your probation, Marshal Dillon will be dispatched to return you to Kansas where you will serve out your full sentence in prison."
This time both Doc's eyebrows went up and nearly disappeared into his hairline. He wasn't sure whether that overgrown civil servant had a soft heart or was just soft in the head. He looked over at Kitty and saw she was not only happy with the outcome but seemed to expect it.
Cass collapsed into his chair, a dazed look on his face, and both Jeb and Caleb stood and moved to stand next to him, their faces a mixture of happy confusion.
Doc saw Matt glance towards Kitty, watched as he briefly nodded in her direction as a ghost of a smile momentarily graced his features. Then he returned his attention to the courtroom, his Marshal's countenance firmly in place.
Kitty could feel the pride in the man she had chosen as hers. Matt could be hard and unyielding, but she knew with a little help, his heart would show him the right thing to do. Matt suffered and almost died at the hands of this family, but he was willing to overlook what they did to him. He just couldn't move past what happened to her, and she had not wanted him to destroy this family because of her.
She knew it would have hurt him, been one more burden he carried. She watched him now, could see he was happy with how things had turned out and just a little bit embarrassed with all the attention and effusive thanks he was receiving. She didn't think a woman could love a man more than she loved Matt Dillon, but, each day, she loved him more.
As Doc stood and shifted his eyes towards Kitty, he saw a look that spoke of a deep and unbreakable bond between her and the lawman. It looked like it might be too late for him to have that talk with Matt.
He offered his arm to Kitty, and the two friends started to leave but paused to watch and listen. It wasn't often a court case ended with happiness for everyone. Doc had to admit that he was pleased with the way things turned out, but that didn't mean he wasn't going to have a little fun with a certain soft-hearted Marshal.
Jeb and Caleb turned their attention to Matt and were shaking his hand and thanking him over and over. Cass still didn't seem to have processed that he would be going back to Texas with his sons, that the man he once thought a monster had given him a second chance at life.
Jeb turned from thanking the Marshal, helped his Pa to his feet. "Pa, didn't ya hear that? The Judge said you can come home with Caleb and me."
"You sure about that, Jeb? I thought he said five years in prison. I was sure it would be a lot more. I can do that."
"No Pa, he said you didn't have to go to prison. You can come home as long as you don't get in any more trouble. The Marshal spoke for you."
Cass turned his attention to Matt. "Is what Jeb says true, Marshal? I can go home?"
"Yup, It's true Cass. You can go home. I am sorry about Harold. The war hurt a lot of people. But it's time to try to move on." Matt nodded towards Kitty. "Miss Russell reminded me of that."
"Cass locked gazes with the lawman. "I won't ever forget what you did for me and mine. I know I can't ever repay ya, but if you ever have need of anything I have, it's yours."
Matt nodded in acknowledgment, looked to Jeb and Caleb. "You go on now. Take your Pa, and get back to your lives."
As Cass and his two sons walked out of the courtroom as free men, Kitty gave Matt a beaming smile, and he couldn't help thinking that the Dunbarts had a happy ending to their day and, if Kitty's smile was any indication, it looked like his day was going to have a happy ending too.
Matt smiled to himself. As a U.S. Marshal, he didn't see a lot of happy endings, so he savored the ones he got. At least he knew he did his best to help this family move on… thanks to Kitty helping him sort things out in his head. He sure was a lucky man to have a woman like her love him.
To be continued…
