Three days passed faster that Bart expected. Mort Wilson came and bought the pinto stallion from Doralice with no problems, and everyone waited for the judge to arrive the next day. But Judge Martin didn't arrive the next day, or the day after that, and that's when Sheriff Parker sent a telegram to the sheriff in the town where the trial was being held. A return telegram arrived from the circuit court, announcing that Judge Martin had fallen ill and suffered a heart attack, and subsequently died. They also explained that it would take a week to ten days to find a replacement and that until the new judge arrived, the sheriff had the authority to set the bail for anyone they had awaiting trial.
Sheriff Parker immediately set bail for Bart at one thousand dollars. Bret rode into Little Bend with the funds and Bart was once again free, although temporarily.
Travis Cole was furious. He did everything but threaten to go out and shoot the 'escaped' prisoner, and Parker expected him to do just that. He sent his deputy Eddie Singletary out to warn Bart, and to remind him that he was prohibited from wearing a gun or even carrying one unless he was in fear for his life.
Cole ranted and raved for a while, then he got very quiet. He waited until Dave was involved in doing something, strapped on his guns, and left. It was almost twenty minutes before Dave realized the marshall was even gone, and by that time it was too late. Dave grabbed his shotgun, locked the office, and jumped on his horse, headed for the B Bar M. By the time he arrived it was all over.
Travis Cole was lying dead on the front porch, holes blasted near his heart. The porch was soaked in blood. Bart was sitting in the living room, bleeding from the shoulder and the wrist, while Doralice tended to him, and Doctor Petry arrived at the house right behind the sheriff. Bret, Lucien, and Maudie were on the porch, safeguarding the murder scene.
"What happened?" Parker asked, as Doc Petry went running past him.
"What do you suppose happened?" Bret replied.
"I . . . I saw it from my bedroom window," Maudie explained shakily. "I heard a horse and Lucien yelling my daddy 's name, and I stuck my head out the window to see what was goin' on. The marshall pounded on the door and yelled that he'd come to take my daddy back to jail, and when daddy opened the door Marshal Cole fired the shotgun. That's when I heard momma yell 'look out' and I heard our shotgun. The ma-ma-marshall dropped to the ground and I heard momma start crying."
"Did you see who actually shot Marshall Cole?" Dave asked the trembling girl.
"No, I did-did-didn't. Is daddy hurt?" She threw herself at Bret and clung to him, weeping the whole time.
"Did anybody see it? Lucien? What about you?" Dave questioned.
"I was runnin' and yellin'," Lucien explained. "I saw Cole come ridin' up, with his shotgun out and a wicked look on his face. But my head was down when the shots were fired."
"What about you, Bret?" Brother Bret was Parker's last hope.
"Nope," Bret replied. "I heard the shots and came runnin'."
Doralice appeared at the door and Maudie hurried to her mother. Doralice held her daughter while the child continued crying. "Dave, can you move . . . him?"
"Not yet, Doralice. How bad's Bart hurt?"
Doralice held the door wide. "Come in and see for yourself."
The sheriff followed Doralice as she ushered her daughter inside. Bart was lying on the settee as Doctor Petry bandaged his left shoulder and wrist. "How is he, Doc?"
"He's had more serious wounds. He's damn lucky, that's for sure. You'll have to give him some time, I gave him laudanum for the pain."
Doralice spoke to her daughter. "Go on upstairs, Maudie. Daddy's gonna be alright." Maudie leaned over and kissed her father on the forehead, then hurried up the staircase. Then she turned back to the sheriff. "What do you need to know, Dave?"
"What happened, Doralice?"
"I'm not real sure. I was headed toward the front room as I heard a horse and a lot of yelling, mostly Lucien's voice."
"What did you see?"
"I saw Bart walk towards the front door and open it, then just a brief instant of Marshall Cole pointing his shotgun at Bart and I yelled 'Look out!' I heard a gun fire and I saw Bart stagger backward."
"Who fired the second shot, Doralice?"
"I . . . I don't know, Dave. I guess I must have."
"You?"
"There was nobody here but me and Bart, and he was hit."
"Where was the shotgun?"
"Right by the door," came her reply.
"Do you always keep it there?"
Doralice shook her head. "No. Bart set it next to the door when Eddie came out to warn us about the Marshall."
"Do you remember anything else?"
Before she could answer, a soft moan could be heard from the settee. Bret had come in from the porch and now was sitting next to his brother. Doralice hurried over to her husband and clasped his hands in hers; Bart moaned again. "Shh, darlin', you're gonna be alright."
Doralice and Bret exchanged places; she sat and he stood. Parker came over to the settee and Bret immediately asked him, "Don't you have enough information to get Cole's body moved off the porch?"
The sheriff reached up to scratch his head while he answered. "Yeah, I guess so. Come on, come with me and we'll get him up on his horse. I may have more questions later. Doralice, you and Bart don't be goin' anywhere, you hear?" And with that missive, the sheriff and Bret headed for the front porch.
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