Chapter 38

The majority of Ucroft's ranch hands had been with him a long time. They were dedicated … fiercely loyal. One such man was Ira Peak, and his ready agreement to Jarrod's request to testify found him now doing just that.

"Mr. Peak, would you please describe to this court what happened at the Ucroft ranch approximately a month prior to Mr. Ucroft's death?"

The older man shifted his muscular shoulders inside the out-dated, and near immaculate, suit jacket while slipping a finger between shirt collar and neck to create more breathing room. He could think of a million places he'd rather be right now, but nothing was going to stop him from doing this if it would contribute to getting justice for his late boss.

"Mr. Cliff … Mr. Ucroft … came to us, told us he were about to lose his place. Wanted us to know we'd likely still have our jobs, didn't want us worrying none. We pushed him for the hows of it."

He swallowed hard, dropped his head, and reminded himself he was doing this for Mr. Cliff. His head came up and he continued.

"Told us he took out a loan at the bank … nothing he couldn't pay every month. But the bank had given the loan to Merton Greenley and he were demanding it all be paid right now. He'd a week to come up with the money … couldn't do it. Had some of it, but not enough … even if he did he wouldn't be able to pay wages and whatnot for months … not 'til the herd were sold. Said he were sorry for letting us down … for not knowing such a thing could happen."

He looked at the attorney again, and seeing encouragement in the sapphire eyes, and the nod to continue, he did so.

"Us men talked. Most of us been working for him a long time … he were good to us. We were none too happy thinking that might end. Cowboys are pretty simple folks. Live a simple life, with simple needs. Mr. Cliff paid us good … treated us good. Figured it was time to say thanks."

He swallowed a few times … just thinking of the man was hard enough … talking about him was near to impossible.

"Most all of us … especially those what were there a good long while … had money saved. Figured, long as we had a place to sleep and food in our bellies, we weren't in need of pay. We tallied up what we had and went to Mr. Heath … let him know what we wanted to do."

He smiled at the memory. "We knowed he was supporting his mother, didn't expect him to pitch in. Figured he might help convince the boss." He smiled again.

"Mr. Cliff could be mighty stubborn at times, but Mr. Heath … well, I think he can out-stubborn most anyone. Lot of shouting come out of that house for a bit, but Mr. Cliff must've eventually decided it was a good idea." He looked thoughtful for a moment.

"Funny thing … even with all that … it wouldn't've been enough without Mr. Heath's bit. Wondered where he got the money … sure were glad he did."

Even from the jury box it was possible to see the change; the brightness disappeared as his eyes closed, his shoulders slumped, the weathered skin upon his face seemed to droop and he lowered his head. "Guess, it weren't such a good thing … not in the end."

Jarrod tilted his head, looked perplexed, then asked. "Why would you say that, Mr. Peak?"

The head snapped up and the eyes flashed. In a clipped, sharp tone he replied. "It got him killed … the money got him killed. If Greenley had got the place like he'd planned he wouldn't've had no cause to kill Mr. Cliff."

The buzz in the courtroom almost drowned out Nat Springer's loud objection … an objection which was sustained, but not before the damage was done. It was one thing for an esteemed attorney to make accusations, for learned, knowledgeable authorities to accuse … it was quite another for a simple, working man to outline the facts and then draw the reasonable conclusion. Jarrod hadn't expected it … and he was delighted beyond measure.

It wasn't until much later, in recalling all of Ira's testimony, that he, too, found himself wondering where Heath had gotten the money. Perhaps, more importantly, he finally, deeply, had come to appreciate how much Ucroft meant to Heath, how close they'd been. Could now understand those moments when he—and, by what he'd shared, Nick—had caught the blond looking sad ... sorrowful ... almost bereft. Losing Cliff Ucroft had to have the same effect on Heath as losing Tom Barkley had had on him, on Nick, on the whole family. It gave him a new respect for his client—and a heightened determination to get the justice the young man desired.

So it went over the following days, as Jarrod presented his case and Springer sought to counteract. The blue-eyed attorney called Ucroft's long-time housekeeper who testified to what she had seen of interactions between her employer and Heath Thomson, and especially to how it mimicked the relationship he had had with his much-loved son … the son who had died in the war.

She described her own interactions with the young blond and how she found him to be a respectful, polite, considerate, and honest young man. She was not at all surprised to learn Mr. Ucroff would make him his heir … would be surprised to learn otherwise.

Perhaps, most damning of all, she described how she had received a letter, delivered by a young boy—she did not recall his name, wasn't sure she even knew him—to advise her that her sister was not doing well and she should come immediately. The letter was penned in a hand she, maybe, vaguely recognized—certainly not her sister's—increasing her concern. Her sister was two days journey away and Mr. Ucroft insisted she leave immediately. He, personally, had driven her to town. It was the last time she saw him … he was murdered two days later.

Strangely, when she arrived at her sister's she discovered her sister to be afflicted with nothing more than her usual complaints associated with advancing age. She had wondered … had asked. Discovered the lady her sister had hired to come in twice a week to help with the housework … who did so for several widows in the town … could neither read nor write. She was in the habit of having a friend write to the women's relatives whenever she became concerned.

She supposed the friend somehow had confused one with another, and erroneously sent a letter to her. Her greatest regret was that she had not been present when Clifton Ucroft was murdered … was not able to testify to whatever she might have seen … assist in bringing his murderer to justice.

He'd debated over using Frank Sawyer. The marshal had no first hand information about Ucroft's intentions—hadn't even known Thomson all that long. In the end that was what decided it. If an astute a man as Sawyer could come to accept … respect … revere … love … Heath in the short time he'd known him, then it was unlikely a reasonable claim could be made that Ucroft had been bamboozled … had been taken in … conned … by the man.

He started his questioning with a request that the marshal explain how he had come to know Mr. Thomson.

"I arrested him." The courtroom buzzed … loudly. It took several thumps of the judge's gavel to restore quiet. Sawyer was requested to continue.

"As I said, I arrested him … for disturbing the peace…. But I suspected there was more to it than what I'd seen."

"How so?"

"Well, I kept a pretty close eye on the comings and going in my town. I knew he's been hired on by one of the nearby mining operations, but he didn't seem to spend his free time in town … like the other miners. Didn't even live in any of the places the mine provided.

"Occasionally saw him in town, picking up supplies and such … mostly stayed away from the saloon. Barman had told me when he did come in he seemed to make one beer last the night … usually settled himself in a quiet corner and just watched the action … occasionally joined a friendly poker game … usually walked away the winner. Just didn't seem the sort to start the kind of trouble I got called to stop that night.

"When I asked him to share his side, he said nothing … just wanted to know what he had to do to get out of my jail … and as soon as possible. He seemed … agitated … being locked up. Not angry or anything … just nervous … skittish.

"I made some inquiries. Seems one of the cowboys was harassing one of the girls … not one of the upstairs girls. When the man got a mite forceful, Thomson stepped in and suggested he let her alone. No one could rightly say what the man said to him … couldn't quite figure out what it was that set him off … but suddenly he took a swing at the man. Other cowboys stepped in and the fight was on. When I got there I found a number of them on the floor and Thomson still swinging. Didn't seem to have anyone helping him … didn't really seem to need any help.

"Talked to a few of the miners too. They said he was a loner … didn't mix with them. Worked hard … did a good job … disappeared at the end of every shift. One of them said something stuck with me … said he didn't seem to enjoy the work … almost had to steel himself, every time, to go in the mine."

He looked at the jury, the counselor, out at the gallery, and took a moment before continuing. "Wasn't sure what to make of it all, but decided he weren't no threat to anyone. Opened the cell. Told him he had a fine to pay and damages to cover and he was free to go … had to see the saloon owner to settle the damages.

"Handed him his gun and watched him strap it on … and I got to wondering. Miners don't usually wear guns … don't wear them as easy as he did. Never found I've ever gone wrong following my gut … decided to do so then.

"Told him I was short a deputy. Offered him the job. He looked at me … looked hard. Guess he decided it was a legit offer. Said he'd think about it, and walked away." Frank paused, almost as though he was lost in that time past, before eventually continuing.

"A week later he came back and took the position. Found out later he'd spent the time, between shifts at the mine, fixing the damage to the saloon and otherwise working off the cost of materials. Wasn't sure then why he didn't just pay the man … learned about that later."

Jarrod looked at the jury, then slowly and deliberately summarized what they had just heard. "So, am I to understand that you, on the basis of what your gut told you, offered the man, the man you'd just arrested, a job as your deputy … a job of protecting the people of your town?"

He got the response for which he'd hoped.