Chapter 37

The members of the Sherman ranch household were all up and about early on Tuesday morning; Daisy had made certain of that. Miss Davies, the young school teacher always had the schoolhouse open before 8:30 and after an early breakfast at Molly's, where they were again joined by Millie and Lucy, Mike was hustled off to school.

When they arrived at the jail Lon was standing by the stove with a cup of coffee in his hand while Mort was talking to a tall, distinguished-looking man with greying hair.

Mort stood up and offered his seat to Daisy. "Glad to see you managed to get those two up on time Daisy. May I introduce Mr. Martin Walden, the county public prosecutor."

Martin Walden stood and offered his hand to each of them in turn as Mort introduced them. "It's a pleasure to meet you all." He said in a pleasant deep voice. "I am sorry not to have had the chance to meet you previously to discuss the matter with you but I have had plenty of time to read through all of your statements and Sheriff Cory here, has been a great help in correlating all the facts of the case. It has made shocking reading and although I am most nearly concerned with the experiences of Mr. Harper and Miss Johnson, it must have been very distressing for all of you."

"Thank you Mr. Walden." Daisy said. "It has been a dreadful experience and I am sure we shall all be glad to have the trial over and done with."

"Well, Mrs. Cooper, the trial oughtn't to be much more than a formality as the defendants have already admitted their guilt but there is the matter of the public defence attorney." The prosecutor took a few steps over to the window before turning back to them all. "I have met Mr. Lowell before and there is no doubt that he will eventually become a very clever attorney. Unfortunately, his ambition is at present unmatched by his experience and he has a tendency to try and make a little too much of his opportunities. Mort tells me the defendants intend to plead guilty to all but one of the charges and there is not much doubt about the outcome of the matter, except perhaps for the charge of attempted murder. I believe Mr. Lowell will try to influence the judge for a more lenient sentence by attempting to discredit the evidence presented by the victims. There are too many witnesses to the results of the ill-treatment of Mr. Harper for there to be any doubt about the veracity of that but as to who committed those acts of abuse… Well, there are of course no witnesses except for Miss Johnson. However, in mitigation of that, we do have the statements of the defendants. May I impress upon you all the importance of maintaining a calm front in face of hostile questioning. Particularly, you Mr. Harper and of course Miss Johnson."

Jess looked up sharply at that and his brows drew together. Mort raised his eyebrows as he fixed Jess with an intense look. "Do you hear that Jess?"

"Yeah, I hear ya." Jess said. "But ain't there rules about the sorta questions he can ask? Me and Millie ain't the ones on trial."

Walden inclined his head in confirmation. "You are absolutely right Mr. Harper. There are rules, and rest assured if Lowell oversteps the mark I will intervene but if I appear to be letting him get away occasionally with his line of questioning please do not allow your temper to get the better of you. He has a tendency to get carried away by his own grandiloquence and if his questions get a little, shall we say, too personal, I believe they may just turn the judge against him. Sheriff Cory tells me that the judge for this session is Judge Henry. I believe he has a favourable opinion of both you and Mr. Sherman?"

The frown that had been creasing Jess's brow lifted. "Hey Slim! Ain't that the judge who granted us custody of Mike?"

"It sure is Jess and we couldn't have a better judge for this case." Slim looked up at the clock on the wall. "Time's gettin' on Mort. Shouldn't we be makin' our way over to the hall now?"

Mort glanced up at the clock. "We're all right for time but it may be as well to make a start. Lon, Jim will be here in about ten minutes to help you with Abe and Billy. Have those two ready, will you? And make sure you get 'em to the hall before 9 o'clock." Lon nodded and Mort stood up and made his way to the door, holding it open for everyone to pass through.

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When they arrived at the hall, it was empty but for the tables and chairs set out ready for the trial. There were two tables, one on either side of the hall, facing the large central table set aside for Judge Henry. The first two rows of seats on either side of the room were set slightly forward of the other rows. Mort indicated the right-hand table.

"Jess and Millie. If you would like to sit here with Mr. Walden. The rest of you please take seats in the front row on this side of the court."

The door at the back of the hall opened and Tom came in with Ruby and Susie. In the next few minutes Hal and Zac arrived followed by the twelve members of the jury. The last of the witnesses to arrive were old Burt and Jeb Sanders, Jim's brother.

By 9:50, Samuel Lowell, the public defence attorney had made a rather self-important entrance and he sat down in sole possession of the left-hand table. The hall was full by this time and the arrival of the judge and the defendants were all that was needed before the trial could begin. A restless rustle of activity and the murmur of voices permeated the hall. Judge Henry made his entrance five minutes later and Mort escorted him to the table facing the rest of the court. Lon and Jim brought in the two handcuffed defendants and as soon as they were seated at the left-hand table next to the public defence attorney, Judge Henry banged sharply on the block with his gavel silencing every voice in the room.

"Court is now in session" he intoned gaining the undivided attention of the audience. "The defendants will stand. You may read out the charges Sheriff Cory."

Mort picked up his notes. "Abe Jenkins and Billy Aiken you are charged with assault against the person of Jess Harper and with the abduction and duress of Millie Johnson. You are also charged with complicity in the attempted murder of Jess Harper." Mort put down his notes.

Judge Henry asked how the defendants pleaded to the charges of assault and abduction and both men answered. "Guilty." When asked how they pleaded against the charge of complicity in attempted murder they both responded "Not guilty."

Martin Walden was invited to set out the case for the prosecution. He did so in an economic but effective statement and began to call his witnesses one by one. Walden made a thorough job of questioning the witnesses, bringing up each point of the statement and allowing sufficient time for the witness to answer in their own words, intervening only when he felt a point needed to be given particular attention. The audience listened in silence until Jess and Millie were questioned and the details of their ordeal which had been heretofore undisclosed created a considerable stir and elicited many gasps of shock. The young public defence attorney listened intently whilst making copious notes but declined to cross-question the witnesses at this point.

By 11 o'clock, Samuel Lowell began to call the witnesses for questioning. He started by bringing Burt to the stand. Burt wasn't the most attentive witness but he'd had some time to think about what he'd seen that night and he stubbornly refused to be shaken by the somewhat aggressive way the questions were put to him by what he considered to be some pompous, wet-behind-the-ears young whippersnapper.

Jeb Sanders was called next and Lowell attempted to draw him into elaborating on how willing Millie appeared to be whilst being escorted in the direction of the livery stable by Abe Jenkins. Sanders answered his questions truthfully but insisted he could not honestly say whether Millie appeared willing or not, accentuating the point that it was Jenkins who appeared to be doing all the talking and that Millie had her head down and he had not heard her answer.

Lowell turned his attention to Slim next and then Lucy, Tom, Ruby and Susie. Susie was questioned about her conversation with Abe Jenkins in the saloon and in the course of that, was forced into revealing that Jess sometimes spent the night in Millie's room. There was a little ripple of comment amongst the womenfolk in the audience and this was quickly silenced by Mort. Daisy was questioned as to the extent of Jess's injuries and the distress he had been subjected to by Millie's abduction. Having promised Jess that she would keep silent about his tearful emotional outburst, Daisy was restricted in what she could say, but a promise was a promise.

Doc took the stand next and was thoroughly grilled by Lowell but he proved himself more than adequate against the young defence attorney and left the stand feeling that he had managed to place a greater emphasis on Jess's injuries and the emotional pressure brought to bear on both victims.

Lowell then turned his attention to Millie.

"Miss Johnson, I believe you work in The Stockman's Palace saloon?"

Millie was feeling very nervous but she gazed at him steadily. "Yes" she answered shortly.

"Do you like your work?"

Again, Millie answered shortly wondering where this was going to lead. "Yes."

"I understand the alley where Mr. Harper was assaulted runs alongside that saloon?"

"Yes."

"I believe that Mr. Harper is a man with, shall we say… an eventful… past?"

Millie eyed him as she would a large spider. "I'm not sure I understand what you mean by eventful."

Lowell eyed her back. "I should have thought that was perfectly clear to you Miss Johnson. I believe you have known Mr. Harper for some years and have… a very close… relationship with him."

Millie could see where this line of questioning was leading to. "I have known Jess Harper since my childhood. We grew up as friends and we've been close friends since meetin' up again after the war. As far as… eventful… is concerned, many men, Jess included, had eventful lives durin' the war and while tryin' to make some sort of life for themselves after. Jess has worked hard and he's made a good life for himself in Laramie. He often acts as Deputy when Sheriff Cory is absent."

Jess smiled to himself at her answer. Millie was on prime form.

Lowell continued. "Thank you Miss Johnson. Would you say, that as a man who acts as Deputy for the Sheriff, Mr. Harper is able to defend himself?"

"Yes, I would."

"Well then, for a man who is well able to defend himself, is it not strange that he should have allowed himself to be overcome in such a way on the Saturday night in question?"

Millie deliberately paused as if she were carefully considering the question. "No, I don't think so. It was dark in the alley, there was a lot of noise from the saloon and we were talkin'. Jess was distracted."

"Do you not think the alley was a strange place in which to hold a conversation?"

"Not at all" Millie answered. "I intended to go back to my room up the back stairs and not through the saloon."

"It is my understanding that Mr. Harper intended to accompany you back to your room. I suppose as a saloon girl, there are aspects of your job that require a more… intimate… relationship with your clients?"

Millie blushed and tried to keep her voice steady. "Jess is my friend, he's not my client. I don't have any… clients…"

Jess half stood but was pushed back down by Martin Walden as he rose to address Judge Henry. "The prosecution objects to the defence's line of questioning your honour. It is quite likely that Mr. Harper was intending to enjoy a cup of coffee with Miss Johnson before retiring to the room he had booked at the hotel. In any case your honour, Miss Johnson is not on trial here and I believe this unwarranted innuendo to be irrelevant."

Judge Henry looked at Samuel Lowell with little favour. "Objection sustained. Please modify your line of questioning Mr. Lowell."

Lowell looked discomfited. "Very well your honour."

Lowell resumed his questioning of Millie. "Miss Johnson. Why did you go so willingly to the livery stable with Mr. Jenkins?" This question was met by a lot of murmuring in the audience. The judge banged his gavel for silence and the murmurs ceased.

"I didn't. I was forced to go with him."

"In what way were you forced? I understand you were arm-in-arm with Mr. Jenkins and in close conversation with him. Why could you not have called out for help when you passed Mr. Sanders?"

Jess looked furious and again he would have risen to defend Millie but Walden held him back. "Don't rise to the bait Mr. Harper" he said quietly. "That is what Lowell wants. He won't hurt Miss Johnson with this line of questioning. He's merely looking to fluster her and maybe shake her into making an error. Miss Johnson is doing fine."

Millie's temper began to assert itself over her nervousness. "First off, I wasn't in conversation with Mr. Jenkins. He was talkin' to me but I wasn't talkin' to him. Second, he was a lot stronger than me and he was holdin' me close up against him. Lastly, Cal Danby said he'd hurt Jess real bad if I didn't go with Mr. Jenkins, or if I called for help and I was very afraid he meant to do just that. He told Mr. Jenkins that he wanted me to be seen with him, just so's people would believe I was willin' to go with him."

"I see. Of course, we only have your word on that…"

Jess gritted his teeth and Walden stood to object again. "Your honour, I object. We have considerably more than Miss Johnson's word. The facts have already been established in a statement by Mr. Jenkins."

"Objection sustained."

Millie endured another fifteen minutes of questioning as to what had happened in the cave. She could see Jess getting angrier by the minute and was dreading him getting to breaking point but she was let off the hook as Lowell turned his attention to Jess.

Lowell eyed Jess with a smile. "I have no more questions for Miss Johnson your honour. I would like to call Mr. Harper."

Millie stepped down and as she sat back down at the table next to Jess she whispered to him not to let his temper get the better of him. Jess sat in the chair next to the judge's table and Lowell prowled ostentatiously around in front of him before turning to him suddenly and firing his first question.

"I understand you have something of a reputation Mr. Harper."

Jess forced himself to calm down before answering. "I've lived in Laramie for a good few years now and I believe the folks of Laramie have come to trust me."

Lowell smiled at him and then turned to look at the audience briefly to gauge their reaction to Jess's reply. "That wasn't exactly the reputation I was referring to Mr. Harper. I believe you have a reputation as a fast gun for hire. You are reputed to have killed a great many men and served a prison sentence before you came to Laramie."

Jess smiled back but the smile didn't reach his eyes. "As you say, that was before I came to Laramie. I never hired out my gun to the highest bidder and I only ever fought for what I thought was right. I never shot anyone who didn't draw first and as for the prison sentence, I wasn't guilty. I was cleared and released after two years."

Lowell ignored his answer. He felt he'd made his point. "Let's go back to the night of the attack in the alley, Mr. Harper. I still find it hard to believe that a man with your past experience would be so distracted by the incidental sounds around him that he failed to be aware of the presence of his attackers."

"As Miss Johnson said, it was dark and we were talkin'."

"You said in your statement that you were kissing Miss Johnson at the time you were assaulted. If that was the case, why hold back the truth now."

"I ain't holdin' back the truth" Jess said in a voice like gravel. "We was talkin' when we first went into the alley, which is why I wasn't aware of anyone hidin' behind the empty barrels and crates. We were kissin' when I was hit from behind but you didn't ask me that and if you knew it was in my statement why ask me?"

"For the benefit of the Court Mr. Harper. Why else would I ask you?"

The audience, who had gasped in horror at the description of Jess's treatment at the hands of Cal Danby and the two defendants, now muttered angrily at the questioning of Millie and Jess. Mort gestured for silence and after pacing around for a few moments, Lowell continued his questioning.

"Miss Johnson states that you are friends. It sounds as though you are a little more than friends Mr. Harper."

Jess made no reply.

"Well, Mr. Harper?"

"I was under the impression you were expressin' an opinion not askin' a question. What is it you want to know?" Jess asked with a polite enquiring expression on his face. He was almost beginning to enjoy this.

A light whisper of amusement rippled through the audience. They had taken an immense dislike to this Samuel Lowell and Jess's response delighted them. Mort hushed them yet again.

"I suppose I'm wondering why a man who has become a respected member of the community and a staunch ally of the law would have such a close relationship with a saloon girl. Or are you a regular client as well as a friend, Mr. Harper?" Shocked gasps reverberated around the room and Millie looked as if she would cry. Slim was looking extremely angry and Daisy leaned forward and put a comforting hand on Millie's shoulder. Why on earth didn't Mr. Walden intervene, she wondered.

Jess's polite expression was replaced with one of pure venom and he answered in a tight, dangerous voice. "Miss Johnson told you we grew up together, we've been friends ever since and now we have an understandin'. Is that clear enough for ya?" At his mention of an understanding between himself and Millie, a lot of surprised looks and whispers were exchanged around the audience. There would be some interesting gossip to be passed around later.

Lowell feigned shocked surprise. "An understanding, Mr. Harper? With a saloon girl?"

Jess was almost at the end of his self-control but he forced himself to calm down, remembering Walden's words. "You make it sound as if bein' a saloon girl is somethin' dirty. Well, maybe you're used to less respectable saloons than the one Millie works in. Millie and the other girls who work at The Stockmen's Palace serve drinks in the saloon and talk to the customers and that's all. Millie ain't a workin' girl and she never has been."

"Not that you are aware of perhaps, Mr. Harper."

Walden stood up as an outraged uproar rose from the audience. "Objection your honour! Defence goes too far. I repeat, Miss Johnson is not on trial here and nor is her reputation. Furthermore, defence's comments with regard to Miss Johnson are extremely bigoted and border on slander."

Judge Henry banged on the block with his gavel and the audience slowly quieted down. "Objection sustained. Mr. Lowell" Judge Henry said in a quiet and carefully measured tone "may I remind you of the purpose of this trial. Mr. Harper and Miss Johnson have been the victims of a vicious assault and abduction. Mr. Harper is also the victim of attempted murder, which attempt was very nearly successful. Both defendants have admitted their guilt to two of the charges. It is accepted that as defence for this case, you have a certain licence by which to cross-examine the witnesses in order to shake their evidence but you, sir, go too far. I have heard all I wish to of your method of questioning. Please save it for the type of trial that warrants it. If, that is, you should ever be called upon to serve at such a trial. Which, in my opinion, is doubtful. Now, sir, if you persist in harassing Mr. Harper and Miss Johnson and attempting to tarnish their reputations in this way I will hold you in contempt of Court. Do you understand, Mr. Lowell?"

A loud explosion of approval met the judge's words and the audience all but clapped. Mort did his best to silence them but a low muttering persisted.

Samuel Lowell looked more than a little discomposed by Judge Henry's reaction.

"Yes your honour" he said tightly. "I have no further questions for Mr. Harper."

"Good. I think an adjournment is in order to allow everyone to calm down. Please step down Mr. Harper. Court will adjourn until 2:30."

The rush for the door was accompanied by a babble of voices. Jess sat down on the empty chair next to Millie shaking with anger. Slim put a firm hand on his shoulder.

"Calm down Jess. You did well pard and so did you Millie. I think the audience were only too pleased to see him put in his place. He's done no damage to either of you."

"He darn nearly tried me past what I could stand. I need a stiff drink Slim. Are you OK, Millie?"

Daisy, Tom and his girls gathered around Millie offering her their support.

"I'm not about to open the saloon until after the trial" Tom said "but we got a couple of hours before the trial resumes and if all of you witnesses and Sheriff Cory would care to join me at the saloon, I'll provide some sandwiches and coffee on the house. Just for you folks of course. If anyone wants something stronger, well, you can have that on the house too. Follow me round to the back door and I'll let you all in." He slapped Jess's back. "That young attorney sure did put you and Millie through it but he didn't achieve anything except to make a fool of himself."

While Lon and Jim took the defendants back to the jail, the judge went back to the hotel with the two attorneys and Mort joined the party in the saloon.

Jess calmed down over the course of the next half hour. He broke away from the group by the bar and put an arm around Millie's shoulders as she sat talking to Daisy. "Hey Mil. I reckon the trial should be finished in a coupla hours. I don't reckon the defence'll be askin' any more questions now. There's only the summin' up and the jury's verdict is nothin' more than a formality. I'm goin' over to the Overland office to book our tickets to Cheyenne. I'll see you in a few minutes."

Millie looked up and nodded. She was feeling better now she was surrounded by her friends. The last comments made about her by Samuel Lowell had made her feel almost sick but the indignant reaction of the audience on her behalf had gone a long way to relieve her feelings.

"That's a good idea Jess. I'll feel a whole lot better knowin' that we have that to look forward to."

Jess gave her shoulder a squeeze and planted a kiss on her cheek before striding through the back room of the saloon to the alley.

He came back ten minutes later and waved the tickets under Millie's nose drawing a laugh from her. He tucked the tickets into his vest pocket and sat down to chat until it was time for the trial to resume.

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The trial resumed promptly at 2:30.

Judge Henry brought the Court to order. "Does the prosecution or the defence wish to question the witnesses further." Both parties confirmed that they had no further questions. "Then the prosecution may now present his summary to the Court."

Martin Walden was an extremely good orator and had the guilt of the defendants been in doubt at the start of the trial, no one in the Court could have remained in any doubt that they were guilty as charged after he'd finished speaking.

Samuel Lowell's own summary was something of an anti-climax. He was considerably subdued after Judge Henry's scathing remarks and had been forced to revise much of what he had planned to say. Unable to discredit Jess and Millie there wasn't really a lot he could say and he had to concentrate on gaining as much sympathy for the defendants as he could, attempting to present them as gullible victims of Danby's violent methods of persuasion. There was precious little evidence that the audience felt any sympathy for them and after having applauded Martin Walden's brilliant summary the audience sat in stony silence at the conclusion of Lowell's.

Judge Henry had been scribbling notes during the recitation of the two summaries and he looked solemnly at the jury before beginning.

"Before I begin my summing up I would like to briefly discuss Cal Danby. Mr. Danby does not stand on trial here today having deliberately chosen to meet his death whilst resisting arrest, rather than to accept the sentencing of a court of law. You have all heard the highly qualified opinion of the good Doctor Ellis and of Sheriff Cory, that the balance of Cal Danby's mind was seriously disturbed. That opinion is supported by the detailed reports of the warden of the Colorado territorial prison. The warden strongly recommended that Cal Danby's mental state should be investigated before he was released but was unable to present sufficient evidence to bring this about. Prior to his imprisonment, Cal Danby had already conceived an unreasonable hatred for Mr. Harper going back many years and based on Mr. Harper's refusal to join Danby when he and his brother stepped beyond the law. By the time he was released from his prison sentence he was a man with a dangerous obsession and if not actually insane, he was certainly on the very verge of it. You may ask what this has to do with today's trial proceedings. To sum up then. On the one hand, defence has painted a picture of two young men who were unwittingly drawn into Cal Danby's plans because of the resentment they felt against Mr. Harper for his part in the death of Danny Jenkins and the imprisonment of Billy Aiken. He would have you believe that Cal Danby was the main instigator of these vicious acts against Mr. Harper and Miss Johnson. On the other hand, prosecution has suggested that Abe Jenkins was the main instigator of the plan. That he was well aware of Cal Danby's hatred for Mr. Harper as well as the unstable state of his mind and that he knew of the wild rages to which Cal Danby was subject. Prosecution also suggests that Abe Jenkins was all too well aware of Danby's tendency to blame his imprisonment on Mr. Harper and that he deliberately provoked Cal Danby into one of his irrational rages by bribing a prison guard to inform him of the desertion of the woman he considered to be his own. And yet, Mr. Jenkins has stated that he felt sorry for this woman because of the way she was treated by Cal Danby. If this was indeed the case, is it not strange that he should have ensured that Danby became aware of her desertion? In order to fully consider the charge of attempted murder against the two defendants the jury must decide whether Abe Jenkins deliberately used the obsessive hatred which Cal Danby had for Jess Harper to achieve his own ends or whether he and Billy Aiken were unwittingly drawn into the plans to bring about Mr. Harper's death. The jury must also consider the defendants' assaults on Mr. Harper in the cave and whether they were calculated to render him incapable of defending himself against Cal Danby's later assault, thus aiding the attempt to murder him."

Judge Henry asked if the jury had any questions. When the foreman replied that they had no questions, he reminded them that the defendants' guilt in regard to the assault on Jess Harper and the abduction of Millie Johnson had been admitted by the defendants and that the jury were to consider their actions mainly in the light of the charge of complicity in the attempted murder of Jess Harper. Mort escorted the jury to a room set aside for them at the hotel and stood outside the door to await the signal that they had come to a decision.

The audience filtered out on to the street to await the verdict and Abe and Billy were taken back to the jail. The judge indicated that the witnesses were free to wait in the hall. He said he had no intention of leaving the hall as he felt the jury would not be long in their decision and asked if coffee could be served while they waited. As it happened, the jury were thorough in their discussion of the evidence. Consequently, it was over an hour before they were led back into the hall by Mort Cory.

When the audience had settled, the judge looked over at the jury. Mort gave a brief nod to the foreman and he stood up looking ill at ease.

Judge Henry fixed his attention on the nervous foreman. "What is the finding of the jury in relation to the charges of assault and abduction?"

"We find both defendants guilty as charged, your honour."

"And what is the jury's finding in relation to the charge of complicity in the attempted murder of Mr. Harper?"

"The jury finds both defendants guilty as charged your honour."

Abe and Billy exchanged a worried look as the judge dismissed the foreman of the jury. As the judge started to make his closing speech before giving judgement, Jess raised his hand. "Your honour? If it please the judge, may I say somethin' before you pass sentence?"

Judge Henry looked surprised. "It is not a usual part of the proceedings Mr. Harper. The evidence has been heard and the verdict given but you may proceed."

Jess stood and looked in the direction of Abe Jenkins and Billy Aiken. The audience were expecting to hear Jess ask for the maximum possible sentence for the two men but they were rocked by Jess's next words.

"Your honour. I ain't likely to forget or forgive what Abe Jenkins and Billy Aiken put me and Millie through and I reckon it's true that Abe took advantage of Danby's state of mind to get the payback he wanted against me. But regardless of that, both of 'em could have made things a whole lot worse for Millie. She said that they neither of 'em treated her badly after she was abducted and they both had a hand in persuadin' Cal Danby to let her go. If it hadn't been for that I reckon it would've been a whole lot harder for Sheriff Cory and Slim to get me outta there. I don't reckon Abe or Billy's reasons for wantin' revenge against me was justified but I know it's hard losin' kin no matter what the reason and I reckon those two years sharin' a cell with Danby couldn't a been easy for Billy. Your honour, I don't want either of 'em turnin' even more resentful and hostile to the law than they already are and maybe gettin' all twisted up inside like Danby. I'd be real obliged if you could see your way to givin' 'em a lighter sentence. That's all I gotta say." Jess sat down as the sound of shocked voices rose from the audience.

Millie put a hand on Jess's arm as he sat down next to her. "Jess honey. I'm real proud of you…" Jess ducked his head keeping his eyes down but he put his hand over hers and gave it a squeeze.

Judge Henry was looking very thoughtful. "Miss Johnson. May I ask how you feel about Mr. Harper's plea for lenience?"

Millie stood up and faced the judge. "I agree with everythin' he said, your honour."

The judge let the room settle before passing any comment. Mort Cory urged Abe and Billy to stand. Judge Henry studied the two men for a long moment.

"Do the defendants have anything to say before I pass sentence."

Billy Aiken stared at the floor and said nothing but Abe Jenkins looked steadily at Jess. "I'd like to say somethin' your honour, sir."

"Please proceed Mr. Jenkins."

Abe cleared his throat nervously. "I told Millie, er, Miss Johnson that is, that I wasn't sorry for what I done to Harper and I reckon that still stands. I know my brother Danny done wrong but I couldn't see him restin' in peace until I got payback for him. But whatever I had against Harper for Danny dyin' I swear it ended in that cave. I'm real grateful for what he tried to do for me and Billy today and I want Harper to know I won't be seekin' any sort of revenge when I get out of prison. I'll see to it that Billy don't neither." He turned to Billy. "Billy?" He nudged the younger man with his elbow and Billy looked up, sullenly. It was a long time before he answered. Abe nudged him again "You better swear it too Billy." Billy turned his gaze directly at Jess.

"All right, I swear. It ends here Harper."

Abe nodded. "I'll see he sticks to that."

Jess stared hard at Abe while he made his statement. He said nothing in response but he nodded at the man and Abe seemed content with that.

Judge Henry resumed his consideration of the defendants.

"Very well, Mr. Jenkins if neither of you have anything more to say, I will pass sentence. I am frankly astonished that Mr. Harper and Miss Johnson can find sufficient compassion in their hearts to ask for lenience in this case after what they both have suffered over the six days following the assault on Mr. Harper and the abduction of Miss Johnson. I have rarely heard of such a vicious and unprovoked attack in a premeditated crime and I am not minded to be lenient. I am of the opinion that they should be sentenced to at least ten years' imprisonment with no consideration for parole. Having said that, I commend Mr. Harper's reasons for his attempt to mitigate their punishment and in deference to his plea on their behalf I will revise my opinion. I hereby sentence Abe Jenkins and Billy Aiken to at least eight years' imprisonment, their release to be subject to a review of their behaviour at the end of this period."

The Court exploded in a tumult of excited conversation from the audience and Mort's attempt to silence them was only partially successful. A low murmur continued as the Judge dismissed the Court and rose to leave. The prisoners were taken back to the jail and Jess and Millie were surrounded by the well-meaning citizens of Laramie.

As the commotion went on around them, Jess and Millie sat in an island of calm, aware only of each other. The noise of the crowd receded into the background and when they were finally brought back to the awareness of the room around them it was empty of all but their friends.