Chapter
False Imprisonment
"Here we go." Kyle alerted his father. He came to the window to join him."
They watched as the men cautiously approached the horse which was fastened to the fence that encircled the schoolyard.
"Step back son, out of the light." McCabe directed. "There's no telling what these low life good for nothin's are capable of. Kyle stepped out of the light of the moon and into the shadow. He glanced back at Hoss meeting his eyes for the first time since they've been here. His eyes though dry were wrought with fret.
~.~
The men glanced around pondering where McCabe might have gone. They looked at the dark school house and wondered. Ben glanced around the streets and nearby houses and businesses. He just didn't know.
"McCabe?" He finally shouted as he looked back at the dark schoolhouse. "Are you in there?" He was afraid to approach. "Hoss?"
"Stay back." Ben looked at the lawman. He was in there. "I don't want to hurt anybody, but I will." He stepped forward instinctively, not registering the threat. Coffee put a palm on the concerned father which brought him back.
The shouting gathered the attention of curious onlookers. Mostly men from the local saloons. A few stepped out from nearby homes. No one getting too close just close enough to see what the hubbub was all about.
"McCabe? This is Sheriff Coffee. I need to know if that boy is in there with you."
"Why?"
"If that boy is in there we want to talk to him."
"That's not going to happen."
"Hoss? Hoss? Are you in there?" The worried father asked aloud. "Talk to me boy." Hoss looked to McCabe for permission.
~.~
"You keep quiet boy. Not a word." It pained his heart. He wanted so bad to let his Pa know he was there. He lowered his head submissively.
~.~
"McCabe, be reasonable here. We've got a very worried father out here and you're giving him good cause to be. Now, if that boy's in there with you, we want to talk to him."
"Why?"
"We just want to make sure he's okay. That he's not hurt."
"He ain't hurt, which is more than I can say for my son."
"He is in there." Ben exclaimed to the lawmen.
"If you know what's good for you, you'll keep your distance. You better not cross that fence or there will be trouble. I don't want to hurt him, but I will if you make me." Ben's features drooped with the weight of his dread.
"Oh my God." Ben exclaimed.
"McCabe! What you are doing is kidnapping." Roy reasoned on behalf of his friend.
"No, I'm making a citizen's arrest. This boy messed up Sheriff and I aim to make him pay."
"I realize you're upset. Why don't you let the boy go and we could talk about this."
"So you can arrest me, instead of the real criminals. Calling me a kidnapper in front of all these people. Poisoning their minds with your lies. Making it look like I'm the bad guy. I'm doing my civic duty!"
"Nobody wants to arrest anybody."
"That's the problem Sheriff. How many more are you going to let this boy hurt before you do something?"
"McCabe think about what you're asking. He's just a boy who got into a fight with another student. You really want him to be taken away from his family for that?"
"He just about killed my boy. You're making it seem like it's not a big deal, which is only further justifying why I need to do this."
"I just want to handle this civilized like."
"I am being civilized!" He roared. "Which is more than I can say for you. I'm not stupid Sheriff. I already know no amount of talking is going to get you to uphold the law."
"You're taking the law into your own hands."
"That's right. I am. If you ain't gonna uphold the law somebodies got to."
"What do you want?"
"I want one thing and one thing only. A judge that'll try this boy."
"McCabe you're not talking reasonable here. There's not a judge within a hundred miles. Closest ones in Placerville. If he gets the telegram first thing in the morning it's still a day's ride."
"That's alright Sheriff. I'm willing to wait."
"This is ridiculous." Ben fumed. "This was a fight. A school fight. A fight that his boy started. God how could all this be happening? How could he think his son is so innocent?
"McCabe listen to me! I'm Hoss's father."
"I know who you are, Mr. Cartwright." He cut him off. "You're the man who's buying the Ponderosa. You think you can own the world. Well I'm here to tell you there are people that are going to stand up against you. Somebody's going to fight you, and today that somebody is me. You think you can strong arm us? Not today, Mr. Cartwright. Not ever again. You are going to get what's coming to you. Now get me my judge." This wasn't about Hoss and his son at all. It was all about Ben. The land deal. He hated Ben for buying the Ponderosa. His boy was being used as a catalyst to get to him. Does he hate him so much he wants to see his son hurt?
"Jim." Coffee waves him over. "Get to the telegraph office. Send a message to Judge Billington. Make sure you explain to him the situation."
"Yes sir."
"You're going to give him what he wants?" Ben asked when Brown's ran away.
"I'm going to try to get that boy out of there as quickly as I can. But at this point there's no telling how long this thing is going to play out for. We need to get things rolling on that end."
"Even if he gets the message he might not come out. What judge would knowingly put himself in harm's way for a sham trial?
"This is true, but if he doesn't it won't be for lack of trying. We have to at least try."
~.~
"Come on son, help me move these chairs." He started throwing them against the door. We have to make sure no one gets in. Kyle helped push the chairs over. McCabe worked on stacking them up, creating a barricade. He left the teachers chair and desk in place. Aside from that two other desk were left. One for Kyle and one for McCabe which they drug to their respective windows.
~.~
"Williams, go around back. I don't want them trying to leave out that way." The lawman nodded and went off. "Ben keep talking to him. I want William's movements to go unnoticed."
"McCabe, let's be honest with each other here. This isn't about the boys at all. This is about you and me. You are angry with me for the land deal. I'll be honest with you. I was happy to get that land. But I'm telling you right now. That land means nothing to me compared to my boy's. I'm willing to hand it over to you right now, and more, whatever it is you want, if you just give me back my son. How about it? Do we have a deal?"
"I see what you're doing, Mr. Cartwright. You are manipulating all these people. Trying to come off looking like you're the hero. You're the desperate father and I'm what? A lunatic who just wants your land." YES! He wanted to scream out. That was exactly how he felt but he pushed it down. "You're trying to buy your son back. Again you're trying to make me look like something I'm not. This is not about the land. This is about your son hurting mine. This is about Hoss being a prisoner until he is tried in a public trial. You uphold the law, you do your part and this will all end. That's all I ask. Just get me my judge."
~.~
William's crept within the trees that bordered the fence line surrounding the school yard. Taking advantage of the shadows they provided. He moved to a spot where he had good view of the back window but could still see the door. He knelt low and waited.
~.~
Forty minutes had passed when Browns comes back with a telegraph in hand. "We got a response Sheriff. Judge Billington's not coming."
"Did you explain to him the situation?"
"Yes sir. I got the feeling that that's why he's not coming. It didn't sound like he wanted his name to be anywhere near associated with this mess."
"He'll be up for reelection next year."
"He said that if we ended up taking the boy into custody that he would make the trip down to try him."
"We have to tell McCabe." Roy said in front of the father. "With any luck…" He let his words trail off. Ben knew what he meant. With any luck McCabe would realize he wasn't getting what he wanted and just throw up the sponge. Ben didn't think that to be too likely but one could hope.
~.~
"McCabe!" They heard the lawman shout out. "McCabe. We sent the telegraph to the judge in Placerville. We just got the word back. He's not coming." McCabe and his son exchanged looks of incredulity.
"Did you explain to him?" He called back.
"Yes. We did."
"No. It's not true." McCabe said to his son. "Those lying cheats. I bet they never even sent it. "You're a liar." He shouted out to the group outside. "You never sent it. Did you?"
"We did send it."
"Ben. How quickly you forget. I've got your son in here. How easily I could punish him for your mistakes." Hoss looked up disquietly at these words.
"McCabe we're not lying. We sent it." Hoss could hear his father aver.
"No, if you sent it, he would come."
"No."
"I swear I'll hurt him if you don't do what I say." Kyle and Hoss locked eyes.
"We did it McCabe. We did it." McCabe escaped from the window.
"McCabe! Don't you hurt that boy in there!" Ben growled. "You hear me in there!?"
That's exactly what his intentions were. Kyle recognized the signs as so often he's been under the wrath of his father. He jumps up as his father barges over to Hoss lifting him from where he sat.
"Pa?"
~.~
"Go get Rudy."
"The telegrapher?"
"Yes, yes. Go. Make it quick."
"Hoss? Hoss?" Ben calls out desperately.
~.~
"Pa?" Kyle calls to his father, trying to call his attention.
"McCabe listen to me." The father beckons from outside. "We're going to go get Rudy. You could hear it from his lips." The room is still as McCabe stands with the boy in his grasp and Kyle looks on. "Don't you hurt that boy." It was as if each one was afraid to move. Fearing one twitch could set off a firestorm. "If you hear it from him, would you believe us?" They wait like this for something to happen. Hoss fearing that at any minute McCabe would snap and he would be struck. Doing his best to prepare his body and his mind for any such blows. His muscles were stiffened and he stared at McCabe warily, looking for the slightest flinch or flick of the wrist.
~.~
"Just wait, please." Ben pled desperately as he stared into the dark window of the schoolhouse, wondering if his son was being hurt right now. All was still. He didn't know. The not knowing was torturous.
Several minutes pass before Jim came back with the telegrapher in tow.
"Here he is." The rail thin, young man, stood behind the lawman. McCabe looked out at the window but held onto the boy.
"Rudy. You got to tell him. He has to hear it from your lips. Tell him we sent it." He nodded.
"McCabe listen to me. I got Rudy here. You know Rudy? He works at the telegraph office."
"Yes I know Rudy."
"You may not believe us, but will you believe him?" Silence. "Go ahead, go on. Tell him." Roy urged him on.
"It's true." He stammered. "They sent it. I sent it. They came into my office about forty minutes ago." His nervousness burgeoned at the silence. He continued on. "This was his response." He unfolded the paper with trembling hands. "Cannot make trip. Stop. Working on trial in Placerville. Stop. Will come if boy is arrested. Stop."
"He is arrested. Did you tell him he was arrested?"
"Yes. The situation was explained to him."
"Then why did he say that?"
"He doesn't consider what you're doing as a proper arrest. He said if the lawman takes him into custody then he'll come down."
"No. He didn't say all that."
"That's what he meant."
"No. Go back and explain it to him."
"I can't." Roy pulled him back with a pat to his midsection.
"McCabe, the judge isn't coming. Not unless you hand him over to us and let us handle this proper like."
~.~
"Pa, just let him go." Kyle pleads. Kyle tried to keep his tone low. Even. Steady. But Hoss could hear the uncertainty in it. The fear.
"I can't do that." He said to his son before shouting out again. "I see now just how far this corruption goes. You even paid off the telegrapher. How many more people have you got working for you Cartwright? This whole town is on your side, isn't it? I am not going to let this boy get away with what he did. I am not going to let you get away with this. Your boy will pay one way or another. If I can't get a judge to sentence him. I'll sentence him."
"What did he mean by that?"
"He pulled a knife from its sheath and held it at Hoss's throat.
"McCabe, if you hurt that boy in there!"
"Pa? What are you doing?" The panic in Kyle rose significantly. "Pa. Please don't hurt him." He was begging now. "Pa. Listen to me. I'm fine. Pa. I'm not dead. He didn't kill me."
"He would have."
"But he didn't. Pa if you kill him, it'll be murder. They'll hang you Pa." His body seized he clenched his eyes and his fist tightened around the blade as he brought his fist to his own head. He clenched his jaw. He was fighting an internal battle.
"McCabe, you think your son is a victim? Do you know what he's been doing to my son? He's covered in bruises. Have you seen his bruises?"
"Bruises he got while my son was beneath him fighting to breathe?" He shot back.
"Look at him. You'll know that's not true. Those bruises are weeks old. See for yourself."
"You want this boy to be taken from his family? Put into a cell? For what? A fight that your boy started." The Sheriff added.
"That's another lie Sheriff."
"I know you don't want to believe that about your own boy, but it's true."
"You're going to try and turn this on my son? Why am I not surprised? Is there no depth to how low you will sink?"
"Your son has repeatedly assaulted that boy in there. Now, it is not my intention to put blame on anybody. Right now your son needs you. He needs you to stop all this. He's laid up right now and all he wants is for you to stop all this and come back to him." He looked back at his son. They don't know he's in there with him. This could work in their favor.
"These bruises are weeks old. See for yourself." Hoss could hear his pa say. Oh why was his pa bringing this up? He didn't want this man anywhere near him and his pa was giving this man an open invitation to Hoss's vulnerability. McCabe let his eyes glide down the length of Hoss's torso. Hoss felt sickened and terrified. He re-sheaths his blade and grabs for the bottom of Hoss's shirt. Instinctively Hoss grabs for the man's hands and wrestles to tear them away from him. McCabe with his left hand still at Hoss's collar presses his forearm into Hoss's throat, pressing the boy further into the wall.
"Pa!" He wanted to stop him but didn't know how.
McCabe was angry Hoss would even think about fighting this. McCabe grabbed his shirt again. Hoss defenseless and completely under this man's will, didn't fight him this time. His shirt was forced upwards exposing Hoss's shame and Kyle's indiscretions. He looked back at his boy who said nothing to defend himself, then lowered his head. "It don't make no difference." His voice was low and humbled this time. "You're twice his size. You should have known better." He let out a heavy breath and released Hoss. His pa sauntered back to his space under the opposite window. "It don't make no difference." He repeated, this time with less conviction.
~.~
He had an idea. It was risky but so far nothing else has worked. "Ben where you going?" After a few moments, he came back with the stack of papers in hand.
"What is that?" Roy asked.
"Reasoning with him hasn't worked, bargaining hasn't worked, maybe showing him just what Hoss has been living through at the hands of his son, will."
"Are you sure about this Ben?"
"He's believing his son is faultless. Maybe it's time for him to know the truth." Ben stepped forward taking control.
"McCabe. The judge isn't coming but I'm willing to give you what you want. You want a trial. Let's have one. You're charging my son with attempted murder? Let's hear from the witnesses.
This one is from Lita Malvet. She's 7. Would you like to hear what she has to say? "Kyle and Travis were always being mean to Hoss. They like to slap him and pull his hair." Her brother backs up her story. "They like to hit him and pinch him when he wasn't looking."
Seeing where Ben was going with this, Roy had his doubts. But he came up with a plan of his own. He grabbed Jim by his collar and pulled him in. "Go get Kyle." He ordered. "Maybe we can get him to talk him down." Jim nodded and went off.
Ben overheard this but kept going. Though not a bad idea, he felt he needed McCabe to hear for himself all that Hoss has been living through at his son's hands. They could finish with Kyle's pleas if he'd cooperate. At that point it may not matter what Kyle would have to say to his pa once McCabe knew the truth.
"Frank Bartlett." He continued. "One day Hoss was sitting against a tree. Kyle told him he was ugly. He told Hoss that a lot. He told him he was fat too. One day Hoss didn't like it and he said something back that set Kyle off. Kyle pulled Hoss's hair and held on until Hoss apologized."
Amanda Ridley. "I sat next to Kyle. Kyle and Travis liked to pinch Hoss while he was sitting at his desk. They liked his reaction. They would pinch him sometimes three, sometimes six, sometimes ten times a day. He would try to ignore them. He'd be reading to himself. They pinched him and twisted his skin making him jerk up. Then act like they did nothing wrong. They'd do it in the schoolyard too. Hoss would be under the tree where he'd like to just sit by himself. Kyle liked to sneak up behind him. Sometimes he would pinch him and run away. Other times he would punch his arm, or slap his head, or yank his hair."
Sally Ridley, Amanda's younger sister. Their father owns Ridley's stables. "I was in the livery tending to the stock. Travis and Kyle came in and told me to leave. I overheard them call him names as I walked out. I was afraid that if I didn't leave, they'd do something to me too. I felt bad for leaving. I knew they were going to do something to him. Something they couldn't do at school. I felt bad for leaving, so I didn't go too far away. I waited outside and listened in. I heard Kyle say, "Do you want me to show you what happens to Indian lovers?" I heard scuffling and grunting. It lasted for a few minutes then it stopped. They were talking again, laughing. I heard clinking like they were messing with something on the wall. Then I heard something else. Like a crack or snap of something. After a few of those I recognized that it was something like a belt. Like someone was being whipped. I heard that several times. They were taunting him. Telling him to cry and calling him names. Then it stopped. Kyle and Travis were laughing again. I heard their footsteps approaching the door so I jumped behind some hay bales and ducked down. Kyle and Travis walked right past me with their horses in tow, laughing and carrying on. I watched them ride away. I waited around to see if Hoss would come out. When he didn't, I started to get worried. I wondered if I should go in there after him or if I should go tell my pa or someone else what had happened. I kind of wondered if they killed him. I was just about to go in. I heard him on the other side so I hid again. Hoss guides his horse out. He was holding his stomach. His face was red and dirty. His hair was messed up and so were his clothes. He looked really bad. It looked like he was struggling, trying to get on his horse. After a couple of tries, he made it. He rode away still holding onto his stomach."" Ben stopped reading.
"You know the day she's talking about?" Both Hoss and Kyle kept their heads low. One out of guilt and both of shame. "I do. It was a week ago. Of course I didn't know then what had happened. I didn't know anything was happening to my son at all. All this and more my son was keeping to himself. You know how I found out? My youngest saw the bruises. He's the one who came to me. Even after I confronted my boy about it he never told me.
~.~
Kyle didn't know that. He'd just assumed that Hoss told on them. He had every right to. Kyle watched his pa who sat under the far window listening. He clenched and unclenched his fist. He didn't look to Kyle. Kyle could see his pa was brooding but not once did he look up at him to question him. Not once to blame him.
"Harriet's statement is six pages long. Do you want to hear about what she had witnessed?"
Oh he wished he would just stop. Hoss's pa didn't know what he was doing.
"In it she describes Hoss being cornered. Other kids being bribed to hit him. Offered money to fight him. Kyle liked to lick his palm and slap Hoss in the face. On page four she tells of a time when Kyle was calling him names. "Kyle was good at reading. He liked the stories. He would like to pretend that he was the hero in the stories. He would get the other kids to go along. One time he asked Hoss if he wanted to play, Hoss asked what they were playing. Kyle said, I'm Dr. Frankenstein and you're the monster. Then he ran away shouting "Die monster die." And the other kids joined in calling him a monster and telling him to die. Another day he said "you're too stupid to work on a ranch" and that he should join a circus because of how ugly he is. Hoss had enough and said "I get it, I'm ugly and stupid." Kyle got mad and pulled his hair and slapped him and punched him until he apologized for talking back to him."
Kyle eyed his pa. He had begun rocking back and forth in agitation. Like he was a bull in a cage ready to charge at whoever came near.
~.~
Travis tells of just one story. "Two day's after we cornered him in the barn. Hoss's pa came to the school to complain. I told Kyle that Hoss told on us. Kyle left him alone for the whole day, but then we waited for Hoss to get his horse and we waited for him to ride out of town. We followed him out until we were alone, just before we got to Kyle's road. We asked if he told on us and Hoss didn't say nothing. He tried to ride ahead. I went to follow him but Kyle stopped me. He found a rock on the ground and threw it at Hoss's head. Hoss ran away. I could tell that it hurt him. I knew a throw like that could kill a man if it landed right. I didn't see Hoss again for three days after that. There was a small part of me that wondered if we did kill him."
"From the mouth of babes." Ben held up the stack. "There are stories upon stories of how your son tormented my boy day after day. My boy was living a nightmare. Would you like me to keep reading, or how about we skip to the final witness? Your son. What would he say? Would he admit to all this or deny it? I know it's hard to hear that of your own son. We all want to believe the best in our children. Would he want you to do what you're doing or would he want you to come home? Is this what your son wants? What would your son tell you to do?" Jim came back and whispered in Roy's ear. Ben was curious why he came back alone. Roy troubled, sauntered over to Ben.
"He's not there."
"What?"
"The bed is empty." Ben pondered at the words. If he wasn't there, where was he? Both Ben and Roy looked up at the dark school house together as the possibility came to them.
He stalled for time while he considered his next move. "If their stories aren't good enough for you, how about I get the doctor who examined him to make his statement. He can tell just how bad it really was. I mean, you can see the bruises for yourself, but that's not good enough for you, is it? No, you need him to tell everyone here how bad it was for Hoss. Just how many bruises he has. Is that what you want? He could testify, how large he estimated that rock to be and how a rock of that size being thrown at the speed and distance it was, was almost fatal to my boy."
"Stop stop!" McCabe shouted. A shot rang out, another, another. Three shots in rapid succession and all fell quiet.
The crowd outside went still. The lawmen and the father were impotent. William's who waited in the trees behind the schoolhouse jumped up from his spot and waited. Most concerning of all the schoolhouse was quiet. No one knew what had happened. What to expect. Ben finally voiced his fears.
"Oh my God. Three shots. He could have shot both boys, then shot himself."
"Or put all three into Hoss." Browns added solemnly. Roy cringed at the words. The deputy was young and sometimes lacked tact. Ben didn't need this fear but the words were out there now.
"Oh my God!" Ben panicked. "Hoss? Hoss? Are you okay?"
~.~
Hoss looked up to McCabe asking silent permission if it was okay to tell his father he was fine. He was not given the permission he sought. It was as if McCabe found enjoyment in his father's torment. He looked to the window aching to speak. Fighting the urge to let his father know anyways. McCabe stood over him and aimed down, daring Hoss to defy him. Hoss turned his face away fighting the temptation.
~.~
"He killed my son." Ben said, voicing his fears.
"We don't know that Ben. Let me talk to him. McCabe!" He shouted out. "Is everything alright?" The school remained silent adding to Ben's panic. "There were gunshots. What happened?" Pause, dead silence, nothingness. "What happened in there McCabe? Answer us." He said with more force. "Did you get hurt?" He waited. "Did Hoss get hurt?" He waited. "We need to know McCabe."
William's waited for something. For some sign from Roy to charge in. He could hear Roy calling out to McCabe but couldn't hear McCabe's response. It's because he wasn't responding. Either purposefully defiant or because he was dead. Perhaps he had shot himself. If he had why wouldn't Hoss call out? Was it because he shot him first. Is Hoss dead too? If he is? If he failed him? God he hoped Hoss wasn't dead.
~.~
He knew his pa was suffering. He needed to talk to his pa. To let his pa hear his voice. He needed this for himself too. Hoss glanced up again giving defiance serious consideration. The words were in his gut ready to spill out. All at once McCabe swung on him before the boy knew what was coming, striking him in the jaw with his gun hand. With a grunt, Hoss buried his face into the floor as McCabe swung on him again. "Pa stop!" Hoss brought his arms up to block the blows but they had little affect bound as they were. The blows came in anyways again and again. Striking his upper back, shoulder and head. Kyle was frightened at the brutality of it. He reached for his father's arm to pull him away. His father swung him off, then with a full intentional fist swung back and struck his son in his cheek. His son landed backwards on the hard wood floor. Hoss remained balled in a heap.
"This is your fault!" He spurned, drawing down on him either intentionally or recklessly using the pistol to point. Either way Kyle was on the fatal end of the gun. He looked up at his pa, hurt and afraid but not denying that fact. Hoss lay crouched on the floor. He lifts his head just enough to see the treatment of the man's son.
~.~
"Listen to me McCabe, you have to the count of five to show us that boy in there is okay or we're coming in." He looked to the deputy at his side. "Ready yourselves." He counted aloud so McCabe could hear the gravity in his tone. "One… two… three."
William's from his position at the back of the schoolhouse could hear the countdown. He readied himself to join the group at the door.
A figure appeared in the window. "Pa, it's me. I'm okay." He shouts but his voice was broken. Ben watched his son keenly, trying to imbibe as much as he could before his son would inevitably be taken from him again and drug back into the darkness. His son refused to look up. He appeared as if he was fighting a battle with himself. Doing his best to not break down. Afraid if he met his pa's gaze he would lose this battle. He kept his head lowered submissively staring at his own hands which braced himself against the bottom sill. Ben caught sight of something. The moonlight gleamed off a metallic object at Hoss's head. He realized Hoss's stance wasn't just one of humbleness, servitude. His head was being pushed forward by it.
His heart fell to the pit of his stomach. He had to get that gun off his boy, but how? His mind raced with the possibilities. His first instinct was to shoot at the man. That would stop him forever. Reason told him doing so would only sure his boy's death. McCabe remained within shadows with his finger on the trigger. Impossible. He wanted to charge in and fight him but that too would only be sentencing his boy to death. There was no way. No way to help his boy. No way to get that gun off his head. The fence quavered when Ben grabbed a hold with both hands to brace himself and keep himself from charging past it.
He stilled his mind and gathered his repose. He took a breath and spoke out to him. "Son are you alright?" Hoss's eyes braved out to meet his pa's, his head lifting ever so slightly. Just enough so Ben could see the blood that ran from his son's nose, painting his chin. The moonlight reflected off his marred face. Ben's heart ached for his boy. He'd been beaten. He shut his eyes to keep his mind from racing again. It pained the father to see how his son hurt. He wanted so much to take his place. After all it was he, McCabe was really mad at. It wasn't he that were in there with this madman though. It was his son. He needed to give his son strength to survive this. He needed his son to be strong for himself. He took another breath and called out. "Listen to me son. I need you to hear me. Are you listening?" Hoss nodded his head ever so subtly. "I'm so proud of you it hurts. Do you understand?"
~.~
He looked up at his father and back down. He wasn't sure. The way his father said it was as if it was a coded message. He thought back to the last time he'd heard his father say these words. It was on the day he was telling him to fight. "I'm so proud of you it hurts." Was his father secretly telling him to fight? Hoss nodded his head subtly.
"That's enough." McCabe said coldly and pulled Hoss back into the shadows. Shoving him back down to his spot. "Proud of you huh? Who could ever be proud of something like you?" The words pained Kyle. He struck Hoss everyday with this venom. Hearing it from his pa, being on the outside looking in and seeing all his pa was doing, it just felt so wrong. All of it.
"Maybe they're right pa. Maybe we should just give up."
"What are you saying boy? They want to charge me with kidnapping. Do you understand that? They'd take me away from you forever. Is that what you want? They want to charge you too. Send you to prison as well."
"Didn't you hear the Sheriff? He said he doesn't want to charge anyone."
"Oh don't be so naïve boy. Those are lies. They'll tell us anything just to get us to give up." His pa took his spot near the opposite sill.
~.~
Hours passed in silence and darkness. The March night air was crisp and the stars bright. The chill of the winter was passing but the night still gave evidence to the melting snows over the Sierra's. The barometer was dropping.
Father and son sat under the sills of opposite windows, Kyle wrapped up within the white bed sheet, cradling himself to keep warm.
People were sitting around waiting for something to happen. Ben and the lawmen discussed scenarios, tactics and probabilities. Anything to keep their minds active and strong. The town's folks who were destined to see this drama play out, took seats on porches and walkways, against walls and hitching post.
The night was long. Every nerve worn thin. Each one wanting to close their eyes, desperate for sleep, but sleep would not come. Could not come. For the ones inside, sleep meant the difference between life and death. For Ben and the lawmen it meant not being at ones best. Not having presence of mind. It meant precious seconds lost if they had to act. It meant death for the sweet innocent inside.
~.~
Sleep was threatening to pull Kyle under. He sat dutifully under his sill, spinning the chamber as his arms rested on his drawn up knees. His stomach grumbled and ached. That would at least be something to keep his mind occupied. He got up and stuck the pistol in his waistband at the small of his back, then stepped over to the teacher's desk and unwrapped the bread that sat on top. Tearing pieces off and filling his mouth with them and washing them down with Hoss's water. He thought the pain that was in his stomach was that he ached for sustenance as he missed dinner so it would be only reasonable. But he had trouble getting down more than a few bites. The moment the rations met his empty stomach it sent it into spins. Hunger wasn't the dominant feeling. The twisting in his stomach was something else. Worry.
He set the provisions back in their place and stared at them. He felt kind of bad for taking it from Hoss and not offering him any of what was rightfully his. He could imagine Hoss hadn't eaten either. He considered offering him some but didn't think his pa would approve of that. He imagined his pa must be hungry too. Maybe he should offer him some first. He grabbed them up again and walked over to his pa. His pa dismissed his offering with a wave of the hand. Maybe his stomach was in knots too. With his pa's refusal, perhaps it was safe to offer Hoss some now. He went to Hoss wanting to sit beside him but afraid that act would be misconstrued by his pa. He stood over him in the same manner as he did his pa, maybe a little stiffer, all for show, and held out the bread. Hoss looked up and took a quick glance at the father to see if it would be okay. McCabe looked back through the corner of his eye, but didn't say no. He reached up and tore off the equivalent of a bite or two.
"Water?" He sounded less than human and every bit of the prisoner he was. He handed over Hoss's own canteen and let him drink. He was at their will. Completely dependent on them for his own survival. It didn't make Kyle feel good. This is what he wanted. What he strove for everyday in school. To dominate Hoss. To be in total and absolute control. For his father's sake. So his father would be proud of him. So now that he finally had it, why didn't it feel good?
"You want some more?" He shook his head. Kyle glanced back at his pa then forward again to the boy at his feet. Risking his father's reprobation, he slaked his stance. He had to say something to Hoss lest he never again get the chance. He knelt down to his level. "Listen," His tone was low so as not to draw unwanted attention, but he was sure his pa was hearing him. "I know it don't mean much to you now, but I'm sorry. For everything. Everything I've done. For tonight and what might happen. I'm sorry. For it all." Hoss felt like he meant those words. He was human. For the first time, he was human. McCabe on the other hand brooded at his son's cowardliness and betrayal.
Kyle took both the bread and canteen back with him and took a seat under his sill. The bread wasn't going that fast. The water was a different matter however. One canteen among the three of them wasn't going very far. He managed to get down a few more bites and washed it down with a bit more water. Kyle wiped at his eyes before donning the lid. He wrapped the remaining loaf back in its cloth.
Hoss couldn't tell, as Kyle's face was in shadow but he wondered if it were tears he'd just wiped away.
"Pa. I want to go home. I'm done here. I want to go."
"Don't panic now. They're trying to break us."
"I'm not panicking. I'm just done. Let's just walk out of here. Let's just leave."
"We can't just leave. I told you, they'd arrest us."
"I don't care. So what if they do? They're going to do that anyways. We're just prolonging the inevitable by sitting in here stubborn like. So what if they do? We'll do a few years then life can get back to normal.
"You're too weak. You'll never survive prison."
"We'll make it through." He continued at his father's demeaning words. "Just the two of us. Like we always do. We always make it through."
"We don't make it through. I do. I have to carry your sniveling butt through everything. I'm the strong one. Without me you're nothing."
"I don't care. Whatever happens, happens." He said fighting down the tears. He pushed it away with anger. "I don't care. I want to leave. Do you hear me? I don't care." McCabe kept his head low. He knelt before his father. "Listen to me pa. You claim you're doing this for me. I'm telling you right now, I don't want it. None of this. I don't care about getting revenge. I don't care about making no one pay. I don't care about the Cartwright's and the stupid land. None of it. I just want to go home pa. I just want both of us to go home. Do you understand me?"
"You're a coward." Kyle stood swelling with anger again.
"What's your plan then? Kill Hoss? Kill ourselves? What's your plan? Huh? Answer me." He slapped his father's gun hand, trying to get his pa to hear him. McCabe snapped up and grabbed his son by his bruised throat shocking both boys. He pushed Kyle all the way across the room when his back met wall, Kyle's firearm clattered to the floor. McCabe held his boy there as the boy struggled and squirmed pitifully. Hoss was shocked to see a father do that to his own son. He was frightened by the sudden turn.
"What did you say to me boy? You miserable imp! I did this for you and you have the gall to talk to me like that." His face became a dark red and his eyes watered beyond his control. For the second time that day the boy struggled to pry large hands away from his throat. "Apologize." McCabe's voice was dark and ominous. Kyle kept his mouth cinched obstinately tight.
His back suddenly arched and he kicked his foot against the wall behind him pushing off of it but going nowhere. His wriggling indicating to Hoss that McCabe had tighten his grip. He could see the boy was in pain as he struggled to breathe. His face became a crimson red and looked like it was beginning to swell. His eyes watered and bloodshot.
"I'm sorry." The boy mouthed the words more than spoke them, as no sound could escape his throat.
"What? I couldn't hear you." McCabe taunted keeping his grip tight.
The whole scene took on a frightful familiarity. Hoss remembered back to the time he'd lost control and took his emotions out on Joe.
"Hoss, you're hurting me. Get off. Get off."
"Say sorry."
"I'm sorry."
"Say sorry."
"Please. I'm sorry."
Joe hadn't deserved that. It wasn't even Joe he was mad at. He thought of where that anger stemmed from. Something that had happened to him earlier in the day.
You're about as stupid as they come."
"Yeah I get it. I'm stupid and I'm ugly."
"What'd you say to me? Don't talk back to me." Kyle said with a slap. "You better know who it is you're talking to like that. Apologize. Tell me you're sorry." He yanks his hair back. Socks his arm. "Say it Hoss. Say it."
"I'm sorry."
"What?"
"I'm sorry."
All at once a wave of enlightenment washed over him. No. It couldn't be true. Hoss didn't want to believe it. It was, like Hoss had been given a window into Kyle's world. This wasn't a one-time event for his classmate. Hoss always assumed he was the only victim in all this. He never considered the possibility that Kyle too could have been a victim. Like Hoss who took his aggression out on Joe for the abuse he suffered at Kyle's hands, all this time Kyle had been acting out his own aggression's for the abuse he suffered at the hands of his father. It suddenly became clear. This was the life he lived.
The boy wriggled pitifully and cinched his eyes. He mouthed again. "I'm sorry." His arms fell limply at his sides. All at once Hoss lost it. With everything he had in him, he charged at the man. Knocking him off his feet, forcing him to drop his boy.
~.~
There was a clatter of wood against wood as tables and chairs went scattering. Looking to Roy, Ben had lost color in his face as he imagined the worst. The men were resolute all at once. There was a battle happening inside. They had to go in now.
William's heard it too and propped up. Just like before, he waited for a sign to go in. Then he saw it. Roy, Browns and the father had made it to the door. He bolted from his position to meet them at the door and join in their efforts.
~.~
With bound hands, Hoss swung his fist down on him. Kyle coughed on the floor trying to gather his repose. McCabe lifted his arms to protect himself. The fire burned in the teens eyes. Pummeling his fist down upon him in a rapid flurry of blows, he hit him for the way he treated his own son and what he had turned him into. He hit him for holding him there and for the constant threats. He hit him for what he did to the lawman. He hit him for Hopsing and the threats he made to his father. He hit him for Little Joe. He hit him again for Little Joe. It wasn't enough. It could never be enough. He hit him again as he thought of how he struck Joe. Again, for how he took Joe from his home. Again, for how he forced Joe to run out in the middle of the forest in the dark. All alone and scared, running for his life. He hit him again, and again, and again.
~.~
The men hit the door but met resistance. They realized then that the door had been barricaded, adding further stress that their entry would be delayed. There was a battle happening and they couldn't get in there quick enough and now McCabe knew they were coming. With their delay it would be enough time to finish Hoss. They slammed the door together in unison using their shoulders to make entry. It was still slow.
"Get him off me!" The man shouted ferociously. For Little Joe, for Little Joe, for Little Joe.
"Hoss stop!" Kyle forced out the shout through his sore throat.
Hoss registered him but was determined to see this through. McCabe would never be able to hurt anyone ever again. He would see to it or die trying.
The boy grabs for the gun in which his father had entrusted. Seeking higher ground, a position of authority he stumbles to the desk. Kneeling on top the desk, pistol in hand he draws down on Hoss.
"Get off him!" He commands again.
The men crashed through the door. The tall black figure lifted the firearm in their direction. A single shot hit the dark shadow who went down.
"Kyle!" The shout came from the lower of the two figures battling it out on the floor. "I didn't want to have to do this boy." Hoss lowers his eyes from the bloody mess beneath him to the pistol in his gut. Ben hears the threat and sees something was terribly wrong by the way his boy though winning had all at once stopped fighting. Though he didn't see it, he knew instantly what was wrong as the hammer clicks back.
Right now Hoss wished he was Little Joe. He had only one move left and this was going to be a question of agility. Something that little boy would have an easier go of pulling off, but it was all he had left to go by. He hit his gun hand and scurried off in the other direction towards the side wall fully expecting to get shot in the back, which was exactly McCabe's intentions before an array of shots rang out stopping him from ever moving again. Hoss slumped into the corner in a tight ball. Nobody knew if he'd been shot or not.
"Hoss, Hoss." The father was right on top of him. "Have you been hit?" Every nerve was screaming in his body, to the point that he didn't really know. Overcome with emotion he wraps his arms around his pa's neck. The action sort of answered the question for the both of them.
The deputy slunk around the desk to view the figure he'd shot. His stomach churned at the site. "Oh my God. It's the boy. I didn't know it was the boy." His leg twitched as his body struggled for life, his mouth pooled with blood. Blood bubbled out from the gape of his neck. His eyes were wide and terror-stricken.
"Get the doctor." Roy ordered. Browns was out the door.
That's enough. You're done crying now. You're embarrassing me and you're embarrassing yourself. Acting no better than a baby. You've been walking around here sulking for weeks now and I'm sick of it. You're ma's dead and she ain't ever coming back. No amount of sulking or feeling sorry for yourself is going to change that. It's time you start acting like a man. Now, you get your butt up and get back to work. I swear by God, if I see one more tear come out of you, I'll give you a reason to cry.
His eyes glazed over past the lawman. She was there now. In the room. Luminous. Stretching her arm out. Reaching for him. He felt no more pain. An odd sensation of peace swam over him. The lawman looked down on him, keeping a trembling palm against the hole in his neck. The boy was staring beyond him, at nothing. He gurgled as he let out the air he was holding onto. Where once in his eyes there was life, a sparkle; now there was only darkness and he breathed no more. His wide sightless eyes locked into oblivion.
"Oh my God." Roy placed his hand over the boy's eyes closing them forever. "It all happened so fast." The lawman took his deputy by the shoulders. "I thought it was McCabe. I thought it was McCabe."
"It's okay son. It's okay." He cajoled as he lifted the deputy to his feet.
"I swear to God, I thought it was McCabe."
"It's okay. Come on." He guided the young deputy out of the room.
Hoss saw only the legs of the boy who for too long was the source of his greatest fear, sticking out from beside the desk. He had no fear of him now. Despondency and grief he felt for the boy. The boy who in their last moments together were in kindness, regret, and repentance. He wanted to look. He overheard the lawmen. He knew what had happened but he didn't really know. He wanted to know. He wanted to see for himself. His father saw what his son was trying to do. Ben lifted him up and embraced him. Pressing his boy into him. He glanced behind himself at the boy laying prone. What he could see was that his shirt was soaked in blood. He imagined the abhorrent image. He pressed his lips into the top of his sons head and guided him towards the door. Again he felt his son moving to look.
"No son." With a guiding hand he pushed his son's face away as they rounded the student desks. This time Hoss accepted this. What he saw instead ontop a desk was a half wrapped loaf of bread and a spilled canteen. The bread they shared. Symbolically, circumstantially broke bread. What was to be his last meal, they shared together. Hoss pushed his head into his father's breast. Like this, both in deep embrace.
Ben guided his son out of the room and down the schoolhouse steps. He guided him across the courtyard and through the crowd of onlookers. They bypassed Hoss's horse and left him standing tied to the hitching post. Across the street they walked through the town of curious and sympathetic bystanders. Hoss was wondering where his pa was taking him. A hint of dread filled him as he was guided towards the jailhouse. A petrifying thought crossed his mind that his pa was turning him in. That after all this, it still wouldn't be enough to escape punishment for what he had done; and maybe now it would be worse. Maybe now he would be blamed for the death of Kyle and his father. He broke down into choked sobs. He didn't beg his father to stop. He was terrified of the wrath he must face, but face it he must. He learned that now. Face it he must. His arms trembled as he held his pa.
Ben wasn't sure why his son had broken down all at once, except that maybe the events of the night had finally caught up to him. He held his son tight and kept going.
The lamp was kept low. She rose from her chair upon seeing the men enter. Ms. Harper was there waiting for them. Her face was soft and full of worry. Hoss's bruised face told the story of the battle he'd been through. Her jaw stiffened before meeting the eyes of the father. He asked the silent question.
"He's in here." She guided him to the first cell which laid slightly ajar. Inside a small bundle was curled beneath a white shawl. Ms. Harper's shawl. Ben looked down at his sleeping son. Hoss stood behind his pa. His brother was here. He thought with enlightenment. Joe stirred, feeling the presence before him. He creaked his eyes open one at a time.
"Pa." He croaked.
"I didn't mean to wake you."
"I wasn't sleeping." Ben smiled softly. Yes he was. Joe may not have thought so with as light as it was. Ben could imagine his son slipping in an out as he would be consumed with his exhaustion but his love and concern for his brother would keep him from slipping too far away. Joe saw Hoss standing behind. He was about to say his name but found it wouldn't come out. Ben looked behind him in a quirky smile. As if to say see, I told you I'd bring him home. Hoss stepped forward and knelt before his brother's cherub face. "Hoss." He finally croaked. Joe placed a soft hand on Hoss's bruised cheek, asking no questions, seeking no explanation. He knew. Somehow he knew. The details didn't matter. But he knew Hoss went to battle for him. Like a white knight in Adam's fairy-tales. Hoss went to battle and won. He wrapped his arms around his brother's neck. Hoss lifted him up pulling him into a full embrace.
"You rode a horse Little Joe." Hoss lauded his brother. Bringing forward Joe's accomplishments. Just how brave he had been. "I'm so proud of you."
"You said, you'd never leave me." Joe pulled away and they locked eyes. "You said we'd grow old together." The words still stung.
"I'm sorry."
"I couldn't make you a liar." Joe went back into the hug. Hoss smiled pitifully.
"Oh Little Joe. I'm going home."
A word from the Author: Before we continue I'd like to give a shout out to Jane Hudson, and St Cyr for writing such kind reviews.
I'd like to hear from more of you. Let me know what you think.