Chapter Thirty-two
"That's open range land! Open for homesteadin'!" Jess' angry declaration came so loud it was darn close to hollering. "And everybody knows it. The legal paper even says so and deeds a section of land in Will Tibbs' name."
The judge banged his gavel three times. "Harper, if you do not sit down and remain quiet, I will hold you in contempt of court!"
Jess sucked in some deep breaths and tried to rein himself in.
Sitting beside him, Will tugged on his shirtsleeve to urge him to take his seat. Jess sank down onto the hard wooden chair, leaning forward so his back wouldn't touch it.
Will looked toward him. "Don't get yourself thrown in jail, Jess. Nothin' we say or do is gonna make a bit of difference here. This case was bought and paid for and decided long before it got to court."
And so the case continued, with Judge Hamilton ruling every presentation of evidence and every objection in favor of Blake Wilkie, and dismissing as "irrelevant" or "inadmissible" nearly every witness account and piece of evidence offered on behalf of the plaintiffs, Will Tibbs and Jess Harper. After a brief recess "to consider all pertinent information," the judge returned to the courtroom.
"My decision is that Tibbs and Harper were trespassing on Wilkie land. Mister Blake Wilkie and his son Howard have every right to protect their property.
"Harper and Tibbs, Mister Wilkie has graciously declined to file criminal charges against you, upon the condition that you immediately vacate this area of the territory. As it is late in the day, I will give you until noon tomorrow to do so, or face arrest at the behest of the court. This case is hereby dismissed from further proceedings. Court is adjourned." He slammed his gavel down and turned to walk away.
"Charges against us?!" This time it was Will who leapt to his feet and yelled. "That's crazy!" He pointed at Jess. "Take a look at Jess Harper's back and then say who the criminals are!"
The judge disappeared through a door that led to a small office at the side of the courtroom. Blake Wilkie and his son both glared at Tibbs and Harper─Howard's hatred particularly aimed at Jess─before going through that same door.
"Forgit it, Will. It ain't no use." Jess stood up and gave Will a push toward the front door. Outside on the boardwalk, the two friends stood sullen, saddened, and angry.
"Seems mighty strange that I'm gonna go over to that land office now and sell back the deed to a property the judge just said I don't own," Will griped.
Jess scowled. "Two sets of laws in this town. One for the Wilkies and a different set for everybody else."
"The herd's a total loss, Jess. But you bought into those cattle, you gave me money that helped me with the ranch. You bought that buckskin for us. So after I settle up over there," he nodded to the land office, "I'll see you get a share of it. Same for the three horses. I made a deal with the livery for them. I'll go collect that too."
Before Jess could make a reply, Dr. Frankton approached them.
"Jess, before you leave town, I want to take another look at you, see how those burns are healing."
"No need, Doc. It's been a week now. They're coming along okay."
"How about you just let me be the doctor here. Let's go to my office." Dr. Frankton put his hand gently on Jess' arm to urge him across the street.
"Go on, Jess. I'll take care of what I just told ya, then meet you in the café. We can have some supper before we follow the judge's orders and get going. Might as well hit the trail and sleep under the stars tonight." Turning toward the doctor, Will added, "Take your time with him, Doc. Bandage those burns up enough to hold him for a couple of days on the road."
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Dr. Frankton completed listening to his patient's lungs and checking his throat. Then he examined and cleaned the burned back and shoulders, as Jess tried to lie still on the exam table, gripping the edge of it like a vice to deal with the pain.
"Things are looking good, Jess. The healing is coming along well. I imagine you'll start to feel some itching pretty soon. That happens with healing and the new skin forming. Be sure you don't scratch. Let those blisters burst on their own when they're ready."
Jess gritted his teeth, sweat beading on his forehead as the doctor applied ointments to the burns. Then he sat up, and Dr. Frankton wrapped him in clean white bandages.
"You can remove these bandages in a day or two. Don't let it go any longer than that. Might need to soak them off with good clean water if they stick. I'll get some more ready to take with you, so Will can re-bandage you. I'll send along some of this ointment too. Have the doctor in the next town you're in check you good. In a few more days, you can probably leave off the bandages. Just make sure you wear a clean shirt every day to prevent infection. How bad is your pain now?"
"I'm fine, Doc."
"Young man, I am not accustomed to my patients being less than truthful with me."
Jess glanced at the man, then looked away, his head lowered slightly.
"I don't like bein' called a liar, Doc," he said quietly.
"I didn't say that. Now look me in the eye and tell me how you feel."
Dr. Frankton waited. Finally, Jess raised his head, but stared out the window. His lips parted briefly as though he intended to speak. But then he paused. He closed his mouth and remained silent.
"You can't say it, can you, son?" Dr. Frankton said gently. "You're not actually lying, but for some reason, you can't voice how you really feel, can you?"
"I already told ya how I feel," Jess said firmly. "I'm fine."
Sighing, Dr. Frankton shook his head and reached for the newly purchased blue shirt his patient had been wearing. He held it up in front of Jess, waiting for him to slip his arm into a sleeve.
"And I can git dressed on my own." Jess murmured. "I can take care a' myself."
"And you'll have to, after today. And whether you'll admit it or not, I know how much it hurts to move those arms." The doctor held the shirt up again. "For now, just let me help you."
Jess stared at the shirt in the doctor's hands. With a puzzled frown forming, as though he was as confused by his stubbornness as the doctor was, he took hold of the sleeve rather than putting his arm through it. His voice was toneless. "I'll take the shirt now, Doc."
Exasperated, Dr. Frankton let go and stood watching in compassionate silence while Jess pursed his lips and tried to ignore the pain as he donned and buttoned the shirt. Unnecessarily, on his own.
When Jess was ready to leave the office, the doctor said, "You're a good man, Jess. And the right people can see that in you. Those are the people you need to let into your world, son. It isn't necessary to always keep your guard up with everyone."
At that point, Jess looked the kindly doctor in the eye.
"I'm much obliged, Doc."
The doctor handed him a small canvas sack containing the medical supplies. Then Jess Harper walked out the door, leaving the old physician wondering what had happened in the man's past that had made him so reluctant to accept help, so insistent that he had no pain, so determined to avoid becoming close enough to anyone to share his true feelings.
What a lonely life. Maybe someday he will find some peace.
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Jess made his way to the café. He had been at the doctor's office for forty-five minutes and was surprised to find he had beaten Will to the small restaurant. He was greeted warmly by several patrons and the owner, Kurt, as he took a seat at the far table, his back to the wall, as always.
Having just finished up his meal, the banker was headed toward the door when he saw Jess and came over to his table.
"Mister Harper, I want you to know how sorry we all are for what has happened to you and Mister Tibbs. I hope you understand that we believe your account. But with the Wilkies and their ranch hands saying the opposite, the judge… well, we know the judge used their version of things to give Blake what he wanted."
"And what he paid for, Mr. Donaldson," Jess grumbled.
Considering Wilkie was the biggest depositor the bank had, Donaldson was reluctant to agree, but also didn't dispute Jess' opinion. "I'm afraid there's nothing that can be done about things around here, beyond what Sheriff Mills is able to do."
Jess scowled. "Mills is a good man, I s'pose. Guess he does as much as any lawman could do up against the Wilkies. Maybe someday he'll be able to help y'all git an honest judge here."
Donaldson sighed. "I hope you have a good future, Jess. We all wish that for you. Goodbye."
The banker turned and left just as Karina came to the table carrying a tray. She set a small coffee pot, cream, sugar, and a cup on a saucer in front of Jess.
"We all heard about the judge's ruling, Jess. Pure nonsense. Downright criminal on the part of the Wilkies and the judge."
Jess nodded.
"Kurt says whatever you want is on the house today." The girl's voice trembled. "We all hate to see you leave."
"Thanks. I'll wait for Will to git here before eatin'."
But Will hadn't arrived even forty-five minutes later. Maybe settling things up at the land office and the livery was taking longer than expected, or maybe he remembered something else he also needed to take care of. Jess decided to go ahead and eat. When Will still hadn't shown by the time he finished, Jess figured he should go check at the land office and see if something was keeping Will there. He tried to pay for his meal and respectfully expressed his appreciation when Kurt absolutely refused to accept it, and his sister Karina did the same regarding a tip. It wasn't easy for Jess to accept a gift, even just that of a small meal; but he didn't want to hurt the feelings or the pride of the kind brother and sister who wanted to give this to him, so he kept his protest brief and, at their insistence, graciously accepted their generosity.
He bid farewell to Kurt, shook hands with several patrons who wished him well, and walked to the door of the café with Karina alongside him. They stepped out onto the boardwalk for a final word. It was time to say goodbye, and Karina gave him a quick kiss.
"I'll never forget you, Jess."
"You take care of yourself, Karina."
Wiping a tear, she went back into the café.
As Jess turned away, he saw Howard Wilkie across the street, standing on the opposite boardwalk, glaring at him.
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The land office also was across the street, and Jess made a direct stride toward it. By the time he reached the boardwalk, Howard was planted in front of him.
"I just want you to know one thing, Harper," Howard snarled. "This ain't over."
Jess stepped up onto the boardwalk, looking steely-eyed at Wilkie. "Yeah, it's over. I ain't wastin' any more time on you or this town or your crooked court. 'Sides, I heard your old man warn ya what would happen if you tried anything, Howie. I don't reckon you're wantin' another beatin'."
Howard's face turned red with rage. "Someday, Harper, I'll make you pay. I'll see you dead, if it's the last thing I ever do. Someday I'll kill you."
"Git outta my way." Jess' growled command and the fire in his eyes threw a scare into Wilkie. Reluctantly, he stepped aside.
With a final glare at Howard, Jess went into the land office. Looking around and seeing no one other than the manager, Mr. Gustoff, he walked to the man's desk.
Gustoff came to his feet with a smile. "Jess, it's good to see you."
"Mr. Gustoff, has Will Tibbs been in here?"
"Oh yes, Will was here. We settled up the transaction for the land. Pity what happened to the two of you men and that whole Wilkie business. I'm sure sorry it didn't work out for you. Will has the money in hand for selling the land, minus what was owed on his loan, of course."
"When did he leave?"
Gustoff pulled his pocket watch out. "Oh, I'd say it had to be well over an hour and a half ago. Our deed work didn't take long. I already had prepared all the papers."
Jess frowned. "Did he say where he was goin'?"
"Yes. He mentioned needing to stop by the livery."
"Thanks."
Gustoff held out his hand. "I wish you all the best, Jess."
Jess shook the hand and hurried out the door. Howard Wilkie was nowhere to be seen, and Jess headed for the livery.
As he walked through the open barn door, the livery owner saw him and reacted with a surprised expression.
"Why Jess! What are you doin' here? I heard you'd headed for Nebraska right after the court hearin'."
"Who the heck told you that, Jack?"
"Well, Will Tibbs, of course. When he came in to final up the sellin' of those three horses. Say, that buckskin is sure a fine one. I was glad to pay what Will was askin' for him. And don't worry; his hoof is fine now, and the slight burns he got are well on the way to bein' healed."
"When did Will leave here?"
"Oh, I reckon it was a good hour ago. Maybe more."
"Did he say where he was headed?"
"No. Just said was he was sure glad to be gettin' outta this town. Couldn't wait to put it behind him." Jack began to look puzzled. "Don't you know where he was headed? And why did he think you were on your way to Nebraska?"
"Did he say anything 'bout eatin' at the café before leavin' town?"
"Nope. As a matter of fact, he was chawin' down on big sandwich when he came in here."
Jess' expression turned crestfallen. His breathing grew deep and rapid as the full awareness of what Will Tibbs really was, and really did, dawned on him. "Did you notice which way he rode outta town?"
Jack shook his head. "Didn't watch him go. What's wrong, Jess?"
A deep grunt escaped Jess' lips, as he turned away.
Head hanging down as he walked out of the livery, his reply was so low Jack didn't hear it.
"Everything."
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Jess stomped down the boardwalk, back toward where Traveller was hitched. With every step, his anger grew.
So Will had sold the homestead and the horses, took all the money, and left town. The promise of a fair share for Jess was as worthless as the trust Jess had put in Tibbs. As worthless as Tibbs himself.
Jess had not expected an equal split; after all, Tibbs was the one who had made the small down payment on the land. But Jess deserved at least some part of whatever profit had come from the sales today. He had given Will money as a buy-in for the herd, which Will had used for ranch equipment. Jess had worked for three months without pay, his labor being counted as payment toward eventual co-ownership of the land. And Jess was the one who had used his winnings from a poker game to purchase the buckskin, the finest of the three horses they had added to their livestock. Buck had been registered as owned by the ranch though, not Jess personally. Sure, Jess had gotten all the agreements in writing. But the papers had been in the house. Now, they were in ashes.
For the next fifteen minutes, Jess talked to people at various places in town, trying to determine which direction Will Tibbs had headed. Only one person thought perhaps she had seen a man fitting Tibbs' description, but she wasn't sure. With nothing else to go on, Jess headed down the road the woman pointed to. It was a shot in the dark, but better than doing nothing. He stopped briefly at a small store at the edge of town and spent the last of his money to buy a few trail supplies.
Fool! He chided himself as he mounted up.
Dadgum, Harper!
When are ya gonna learn?
Can't trust nobody. Nobody!
The doc's wrong. I can't let my guard down.
Never!
Betrayed, full of anger, in pain, completely broke, and once again totally alone, Jess Harper rode away from Willow, Colorado.
He had nothing left. No home. No family. No friends. No money. He had nothing but his horse.
And his gun.
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─end of Part Eight─