"Defence calls William Gabriel Jenkins."

Heyes glanced over at the Kid, who'd looked up at the name, he shifted and Giles placed a restraining hand on his arm. Heyes could see that his hands were clenched into fists and he sent calm down thoughts towards his partner, though Heyes himself had to fight the urge to go and shake the boy. After a few tense moments, Heyes saw the Kid relax and settle back into his chair after a brief glance over at him.

As Jenkins was sworn in, Giles spoke to the judge. "Permission to treat Mr Jenkins as a hostile witness."

Jenkins was a pale skinned boy, who might have been attractive, if his unpleasantly arrogant weak personality hadn't been quite so obvious. Heyes thought he was maybe three years or four years younger than Emma had been. His eyes narrowed as he glared at the lawyer and spat out. "Too damn right I'm a hostile witness."

Heyes watched Mason roll his eyes and say. "Permission granted Mr Giles." The judge turned to the bristling young man and said firmly. "I would advise you to keep a civil tongue in your head. There is no place in this room for that sort of language."

Billy looked at his father, sitting in the public gallery and the older man made a settle down gesture. Billy nodded before turning back to the lawyer, forcing his face into a less aggressive expression with obvious difficulty.

Giles waited for a few moments for the noise to settle in court and looked at the young man."Now, Mr Jenkins, I am given to understand that you believed there to be an understanding between you and Emma Carstairs, before she married Mr Curry."

Billy shuffled a little uncomfortably, as with another glance at his father, he said. "Weren't nothing formal, but we'd known each other since we were small, spent a lot of time together and our families were friends."

"So it is fair to say that when she chose to marry another man, you were not best pleased."

"Well he was an ex-outlaw and a drifter. I could provide for her better than him, because I got prospects! He weren't even here when their baby girl was born. What kinda man does that make him?"

Heyes started slightly, this being the first he'd heard of it and glanced over at his partner, who was looking down deliberately, his fists clenched and his jaw muscle jumping.

"I assume you are referring to the fact that Mr Curry, unable to secure meaningful employment locally, signed on for a three week cattle drive, and was regrettably delayed by a week by unforeseen circumstances?"

"He still weren't here when he should've been."

"I understand that his wife was well looked after by her loving family and held no grudge against her husband for his unavoidable absence."

"Well Emma were just too good natured so she wouldn't have said no different to him anyway."

Giles said. "So, you have evidence that suggests that she did indeed hold some resentment?"

Jenkins shook his head unwillingly. "No Sir, I don't. But it still ain't right."

"Now I understand that you witnessed the final argument between Mr Curry and his wife?"

"No, Sir, I did not."

"I beg your pardon young man?"

"I didn't see him murder her, but I saw them arguing here in town." Jenkins smiled at his cleverness and Heyes felt his fists clench. A quick glance at his partner gave him some concern as his head had come up and he was staring grimly at the idiot The Kid met his gaze, Heyes shook his head and the Kid slumped back in his chair with a sigh.

The Judge cleared his throat and with a glare at Jenkins said firmly. "The jury will disregard that last remark by the witness and it will be struck from the record. Anything else like that, son and I have you for contempt, that clear?"

Jenkins bristled again. "I'm only saying what everyone 'cept maybe his partner is thinking."

"That as may be, but refrain from making such inflammatory statements in my courtroom! Continue Mr Giles."

"While Mr Curry was away, I understand you were quite persistent in offering your help to his wife, despite her repeated insistence that she was fine."

"I don't like your tone, Giles."

Giles ignored him and merely said calmly. "Your persistence was such that Emma chose to move in with one of her sisters rather than be alone in her home."

Heyes quite liked where Giles was going with this and a quick glance at his partner noted that he too was looking less homicidal. Though Heyes could tell that he had clearly been unaware of the events Giles was describing and was looking less than impressed at that fact. But Heyes guessed that Emma and her family had deliberately not told him, not wanting to risk another confrontation, when the town were already judging Kid harshly as it was.

Jenkins spluttered and said abruptly. "Who told you that?"

Giles looked at him and didn't try to hide his contempt as he replied. "Emma herself told her sister Elizabeth Milton, that she felt uneasy in your presence and feared your inability to accept that she did not require your assistance." After a short pause as he let the assembled crowd take that in, he continued. "Now moving on. I understand on the night Emma died, you had lost a large sum of money at cards. Despite being well able to afford the somewhat impressive amount you had squandered, you chose to accuse the other men in the game of cheating. When it was explained to you, that that they had not in fact taken your money dishonestly, after drinking heavily you became increasingly aggressive and had to be ejected from the saloon. Is this true?"

"You been talking to that damn bartender haven't you? He never did like me!"

"I do not wish to disclose my source, I merely require you to answer the question truthfully."

Heyes felt a small ripple of laughter threaten at the disgruntled expression on Jenkins face as he replied grudgingly. "Weren't exactly like that, but guess if you wanted to make me sound bad, you could describe it that way."

"After leaving the saloon, what did you do next?"

"What's it matter? I ain't the one on trial here!"

Giles smiled easily and said. "I am merely trying to establish a timeline of the events of the night. You mentioned on being interviewed that you had seen Mrs Curry quite late on in the evening?"

"I saw her on the path into town, as I was heading home, 'bout ten maybe eleven pm, she'd been crying."

"Did she speak at all?"

"No, she just hurried past, I tried to speak to her, but she didn't hear me and I just continued on home."

"Forgive me, Mr Jenkins, but it seems a little hard to believe, that given your deep regard for the woman, you would miss an opportunity to offer assistance when she was obviously upset."

Jenkins looked at his hands for a minute, before adding. "I did try and offer my assistance as you term it, but she used language that I can't repeat in this place and told me to leave her be. She must have learnt such words from her husband, as the Emma I knew wouldn't ever have used them."

Giles smiled thinly and asked. "And how did that make you feel, Mr Jenkins?"

The young man shrugged and answered dismissively. "I weren't best pleased, but what could I do? So I just continued home."

Giles looked at the man and added with a deceptive lack of concern."Now, aside from her husband, it would appear that you were the last person to see Mrs Curry, before her body was found."

"How you figuring that?" Jenkins was bristling again and Heyes thought if Giles pushed just a little harder, the idiot might well give them exactly what was needed.

"From your own words, Mr Jenkins and a careful study of the statements of each witness confirm you were the last person to see her."

"Well her husband saw her after me, and we all know what happened next."

Mason cleared his throat warningly and Jenkins subsided reluctantly as Giles eyed him carefully. "That is what we are here to discover, Mr Jenkins and I advise you to desist from slandering my client, or I will not hesitate to take action once he is cleared of this ridiculous charge."

Heyes sent another word of silent thanks to Ex-Governor Warren for Giles' presence, before he glanced over at the Kid, who was looking interested if rather grim faced- not quite his gunfight look, but closer to it than Heyes was exactly comfortable with. But a quick observation round the assembled audience reassured him that most of their attention was focussed on the witness stand.

Giles made a production of looking through his notes, though Heyes knew damn well he'd memorised every word before he'd even set foot in courtroom."You say you went home, but there are several people who saw you back in town quite a lot later that night. I have sworn statements to that effect. If you wish to see them."

Jenkins shuffled uncomfortably. "I couldn't sleep, so I took a walk, found my way back into town."

"Ahh, that would indeed explain it. I think that's all the questions I have." He started to turn away and Heyes saw the boy relax some, but then the lawyer swung back. "Oh one more thing, Mr Jenkins. I believe you had some marks on your wrists on your arrival back in town and looked rather shaken."

Billy froze, glanced quickly at his father and stuttered. "I-I fell in the dark and thought I heard some coyotes after me."

"Thank you Mr Jenkins, I have no more questions. But I reserve the right to recall this witness." This he directed to the judge who nodded, made a note on his pad, then turned to the prosecution lawyer, who looked a little unnerved and said.

"Your witness Mr Sampson."

"No questions your honour."

Heyes and likely everyone else found the the rest of the witnesses an anti-climax after the initial confrontation between Giles and Billy.

Heyes knew that he wasn't the only one relieved that when the defence rested, Judge Mason called a halt to the day, a couple of hours early. The Kid looked drawn and tired and seemed just as relieved as everyone else, despite it meaning a return to the cells for him and a longer stay there than usual.

"Closing arguments tomorrow, then the jury will retire to make their deliberations." With that final sentence, the judge dismissed them all, with a reminder for them to back in court by 10am the next day.

XXX

Kid woke with a start when Heyes came barrelling in, with Blanding and Giles on his heels, all three smiling widely. "It's over Kid, we just got word, Billy Jenkins shot himself late last night, confessed everything in a note. He never did go home after he left town, just sat brooding and drinking on the trail outside. His Pa confirmed it all to the judge this morning. He said Billy told him that he and Emma had got into it. Emma must've been going to see her Pa or one of her sister's, after she changed her mind." He swallowed and added at the stricken look on the Kid's face. "I'm sorry, Kid, he broke her neck in a struggle, then roared into town. Later with his Pa's help, he dropped her body off that hill where you found her. They both figured that way, you'd be the most likely suspect when she was found."

The Kid couldn't quite take it in. He slowly swung his legs over the side of the bunk, and put his head in his hands. Relief at finally being exonerated, warred with grief at the horror his poor Emma had met with in her final moments. He choked out through a painfully constricted throat. "I'm almost sad he's dead, Heyes. Means I don't get to..." He trailed off suddenly unsure of what exactly he would have done. Confronted him, shot him, hit him so hard he didn't wake up. None of that would bring Emma back and might just have had him right back in jail.

"I think we should give Mr Curry a bit of time to adjust. Judge Mason wants him back in court as soon as possible, so he can formally dismiss the charges against him." Giles' calm voice broke the silence.

"You hear that Kid? You're getting out of here!" Heyes' jubilant tone echoed through the holding area.

The Kid couldn't reply, too dazed by his sudden change of circumstances as well as struggling a little with the realisation that the man who had killed Emma wouldn't face justice, to quite know how to react.

"Kid?" Heyes' worried voice, drew him out of his stupor and he turned to look at him, trying to smile, but sure he wasn't quite managing it, judging by the continued concern on his partner's face. "I'll see you up in the court Kid, I got a couple of things I need to do."

A thought struck Kid and as Heyes started to turn away, he managed to ask. "What made him confess, it weren't like we had anything conclusive against him."

It was actually the Sheriff who replied. "Guilt, Jed, guilt, Couldn't live with it. His Pa told us he'd been having nightmares since he killed her. Imagined she was haunting him."

Kid laughed a little as he thought of his wife and said softly. "With Emma, she might've been at that."

XXX