Chapter 18 – The Verdict

Within a week things had settled back down to normal at the ranch, for everyone but Bart, that is. His life was different, and he wanted it that way. He spent more time with the children and Doralice, he walked a little slower and took a little longer to do things than he had before. When Bret went up to the Maverick graveyard to return the 'grave' to its previous condition, Bart went with him. It was an odd feeling, standing there staring at the mound of dirt that was meant to signify his final resting place, and he was glad when it was just an empty piece of land again.

He went back to riding with Maudie in the evenings, and Benny rode along with them. It seemed fitting, somehow, that the three of them should ride together. He spent time with Belle and Abby, trying to get excited about the places they talked about visiting when they were older. He and Beau played tag and hide and go seek and bug with the little ones, and Bret joined them on occasion. He spent hours walking along the banks of the creek with Pappy, and took Maude and Dina shopping in Claytonville.

Parker finally sent word that the trial for the rustlers was set to begin in two weeks when Circuit Judge Nance would arrive in town. Surprisingly, the prosecution decided not to call him as a witness; the defense wasted no time issuing a subpoena for his testimony. He sent a telegram to the DuPont's to let them know when the proceedings were scheduled to start, along with two stagecoach tickets to get them to Little Bend.

He met with Harry Winters, the defense attorney for Art Decker, and they had a long conversation about his testimony. Winters wasn't very encouraging about preventing Art from being hanged as a horse thief, but he vowed to give it his best. The other three rustlers shared one attorney, Stanley Fitzgerald, and he decided to take a 'wait and see' attitude when it came to putting Bart on the stand.

Two days before the trial started, Jean and Clay DuPont arrived in Little Bend. Bart and Doralice met them at the stage and drove them out to the ranch for a family supper. It seemed odd to say 'thank-you' to the relatives of one of the rustlers, but that's just what the Mavericks did, since the DuPont's had saved Bart's life. After supper Bart drove them back to town and the room he'd gotten for them at the Little Bend Hotel. Before he left them the three of them sat in the dining room and drank coffee for almost an hour while they talked.

"You didn't have to get us a room, Bart," Clay told him. "You've already done so much for us."

"I can never repay you for savin' my life, Clay. You took me in and took the best care of me that you could, without knowin' a thing about me. And I feel kinda guilty, knowin' that I probably can't make any difference in what happens to Art."

"Don't you go blamin' yourself for anything that happens to my brother. He chose that path a long time ago, no matter how much I tried to talk him out of it. I'm just glad that for once he did somethin' right." Jean seemed at peace with everything that was about to happen.

"Well, you met my family tonight, and you know they're just as grateful as I am that I'm still here to thank you. Just know that whatever happens, they're never gonna change that attitude."

"And we appreciate that."

Bart thought about the entire evening as he drove back to the ranch. Doralice was still awake, and he was anxious to get her opinion of the DuPont's. It didn't surprise him at all that it matched his. "They're lovely people," Doralice told him. "I feel sorry for Jean, with her being Art's sister. I'm sure they'll hang Art, but I hate to see what it will do to her."

"You know I'm gonna do everything that I can to prevent that."

"Do you really want to? He did help steal the horses."

Bart leaned over Doralice and played with her hair. "He did. But you'd be layin' in this bed all by yourself if he hadn't decided to sling me over his saddle and take me with him."

Doralice sighed. "I know. Why do they hang horse thieves, anyway?"

"They say that if you steal a man's horse, you condemn him to death, and that's why it became a capital offense," Bart told her. "I think it's a little archaic myself, but when you put it in front of a jury, they always vote to hang. But it's worth a try to see if we can stop it from happening."

"And if you can't?"

"Like Jean said, she tried to talk him out of it a long time ago."

"What if it was Decker that shot you?"

"It wasn't. Collins was the only one doin' any shooting."

"I can't argue with you. It's your decision to make."

"Goodnight, blue-eyes."

"Goodnight, handsome."

XXXXXXXX

Because there were two different defense attorneys handling the accused, Judge Nance allowed the trial to be split into two different parts. All four men would be tried for rustling horses, then Collins and Decker would be tried for attempted murder. It wasn't the best outcome, but it gave Harry Winters a fighting chance.

Of course the question of whether or not the outlaws were guilty of horse theft was settled quickly. The verdict was never in doubt – guilty. Judge Nance delayed passing sentence until the second verdict was rendered. The Prosecutor, Vincent Gail, changed his mind and called Bart to the stand. After a round of preliminary questions, he got down to the important ones.

"Mr. Maverick, do you know who was shooting at you?"

"Yes, sir."

"And who would that be?"

"Bill Collins."

"Are you sure that Art Decker wasn't involved?"

"Yes, sir."

"And how could you be so sure?"

"Because I was lookin' right at him as he was yellin' a warning. His gun was in its holster."

"And where was Mr. Collins?"

"On his horse, ridin' hell bent for leather towards me, wavin' his gun and firing it randomly."

"I see. No further questions for this witness, your honor."

Collins attorney had no questions, but Harry Winters did. "Mr. Maverick, you are absolutely sure that Art Decker did not fire his gun at you?"

"Absolutely, Mr. Winters."

"And how can you be so sure, Mr. Maverick?"

"Because when I was hit, Decker hadn't drawn his gun."

"And what do you remember after you were shot?"

Bart cleared his throat before answering. "Not much. I felt the impact of the bullet, and I started to fall off my horse. I don't remember anything else until I heard Decker and Collins arguing."

"And what were they arguing about?"

"Decker wanted to take me with them, Collins wanted to leave me to bleed to death."

"And who won that argument?"

"Decker did, because the next thing I remember, I was draped over Decker's saddle, and he was walking his horse."

"And you're sure it was Decker's horse you were draped over?"

"Yes sir, because he was ridin' a tall chestnut, and my mouth was full of chestnut fur."

"And where did Mr. Decker take you?"

"He took me to his sister's house, outside of Granbury."

"And then what happened?"

Bart changed positions in the witness chair. "He left me with his sister and brother-in-law, with instructions to take care of me."

"How do you know that?"

"I was sort of semi-conscious, and I heard most of the conversation."

"Was that all?"

"No, he left them money to buy medicine with."

"And did he come back at any time after that?"

"No, he didn't."

"Did his relatives do as he asked?"

"Yes, sir, they did. That's why I'm alive right now."

"No further questions, your honor."

"Do you have any further questions for Mr. Maverick, Mr. Gail?"

"No, your honor."

Both attorneys made a closing statement and the jury retired to deliberate. In less than an hour there was a verdict and everyone shuffled back into the courthouse. The verdict was handed to the judge and he read it out loud. "We, the jury, find Bill Collins guilty of attempted murder. Art Decker is found not guilty."

A small rumbling went up in the courthouse, and the judge banged his gavel. "Order in the court. Would the defendants please rise."

All four rustlers stood. "Richie Hampton, Jackson Melrose, Bill Collins and Art Decker, you have been found guilty of horse theft. Bill Collins, you have also been found guilty of attempted murder. The four of you are hereby sentenced . . . "

Bart stood up. "Your Honor, may I address the court before you pass sentence?"

Another rumbling went up in the courtroom. "That is highly unusual, Mr. Maverick."

"Yes, sir, I'm aware of that. Nevertheless, I would appreciate being granted the privilege to do so."

Judge Nance thought for a minute and then banged his gavel one more time. "Order in the court. Alright, Mr. Maverick, I'm going to allow it."

"Your Honor, members of the jury, gentlemen, I know that the usual punishment for rustlin' horses is hanging. I would ask you to make an exception this one time in the case of Art Decker. I know that Mr. Decker participated in the rustling just like the other three men did. But Art Decker also did something that none of the other three men even thought about. He refused to leave me at the mouth of Bryce Canyon, wounded and in danger of bleeding to death.

"He knew there was little, if any, hope that I'd be found in time to prevent that from happening. As a matter of fact, it was almost certain death if he'd left me there. Instead, he insisted that he take me with him so that my life could be spared. He practically guaranteed that he'd be caught, and a hangman's noose would be the only thing that waited for him. He saved my life, your honor, and now I'm askin' you to spare his." Bart sat down, and the judge had to bang his gavel again to quiet down the courtroom.

"Your request is quite unusual, Mr. Maverick, yet I see why you made it. There is nothing in the law that says the court cannot show mercy when it deems fit. Therefore Mr.'s Hampton, Melrose and Collins are sentenced to be hanged by the neck until dead. Mr. Decker, you are hereby sentenced to spend twenty years in Texas State Prison. Court is adjourned." And the judge banged the gavel once again.

The court erupted, and the Mavericks that had been in attendance surrounded Bart to protect him from any of the onlookers that might disagree with the judge's decision. The only person that approached him, however, was Clay DuPont, who shook his hand and said, "Thank you. Jean will be relieved."

"Give her my best," Bart responded before being hustled out of the courthouse by his family.