Chapter 16
*Author's Note: I did some research on antidotes for chloroform poisoning and came across an article from 1898. In the article it says that hydrocyanic acid was tested on animals. It didn't say anything about it being tested on humans. Even if it did, I probably would not have had Doc give it to Ruby because 1898 is later than when my story takes place.
Kitty was completely baffled by Doc's statement. Why would he say this is all his fault? Kitty knew better than to think that Doc would poison Ruby with chloroform. She would ask him about it later. Right now her daughter was her main concern.
"Doc, is Ruby gonna be alright?" she asked as she gripped Doc's forearm.
"Right now it's a waiting game," said Doc. "I have nothing to give her to combat the chloroform. I've been monitoring her heart rate. It's slower than what it should be. We need to pray that it doesn't get any slower."
"Do you want me to send a wire to Matt?" Newly asked.
Kitty completely forgot about Matt. She wanted to wait until she knew for sure that Ruby was going to be fine before trying to contact Matt, but she knew she couldn't. Matt was Ruby's father, and he had a right to know what happened. Kitty also knew Matt would be upset if Kitty waited to contact him.
"Yes, Newly," Kitty replied. "But don't say exactly what happened. Tell him Ruby's sick."
"Sure thing, Miss Kitty," Newly responded. He left to go and send the wire.
"Doc, what direction did this feller head?" Festus asked.
Doc knew that Festus planned on going after Myles Saunders. "I can't be certain, but I believe he was heading east."
"Where were you when he stopped you?" questioned Festus.
"I was on the main road about two miles east," Doc answered. "Are you going after him?"
"You betcha I am," Festus answered. "Don't you worry none, Miss Kitty. We'll get him."
Festus left Doc's office and saw a crowd of men gathered below. Among the men were Sam Noonan, Jake Wirth, and Emmitt Bowers.
"Festus, we heard what happened to Ruby. We want to go with you," said Jake.
Festus wanted to go alone, but knew having more men out searching would find this Myles fellow a lot easier. However, he needed to set some rules.
"Alright, we'll start a posse," said Festus. "But I want Myles Saunders brought back alive. Ain't no one gonna go 'n kill him. Matthew would want him brought back alive. Do ya all understand?" The men shook their heads yes. "Good. Doc said he thought Myles Saunders headed east. That's where we'll head.
"After talking with Marshal Dillon and reading over the witness statements, I've decided to have a bench trial instead of a jury trial," Judge Brooker told the people in the Spearville Hotel, which was now being used as a makeshift courtroom. "That and the fact that no one was killed played a part in my decision." Judge Brooker turned his attention to Dirk Smythe. "Mr. Smythe, I guess I'll consider you to be the plaintiff in this case. Can you please tell me why you pretended to draw on Mr. Ackerly."
Dirk stood up. He knew the reason why he drew, but he also knew it was not a reason to give in court. "I don't know yer honor," Dirk lied. "I was drunk, but Blane Ackerly should have noticed that by the way I was stumbin'. He didn't use no good judgment when he shot me." Dirk sat down.
"Thank you, Mr. Smythe," said Judge Brooker. He looked over at Blane. "Mr. Ackerly, please give your side of what had occurred."
It was now Blane's turn to stand up. "Me and my wife were coming out of Mr. Jonas' store. We were putting our goods in the back of our wagon, and that's when Dirk Smythe called me out. He appeared ta be goin' for his gun, 'n I made a quick decision. I was scared for our lives, both me 'n my wife." Blane sat down. He was satisfied with what he had told Judge Brooker. It was honest.
"Marshal Dillon, I know you did not witness the events of last Thursday, but I can use you as a character witness. Please shed some light on these two men," Judge Brooker instructed.
"Sure your honor," Matt said as he stood up. "I'll start with Dirk Smythe. He tends to cause problems. He's an instigator. I've had to jail him on more than one occasion for causing a ruckus. On the other hand, Blane Ackerly is quite the opposite. I have never had any sort of problem with him. Mr. Smythe mentioned that Mr. Ackerly used poor judgment when he shot him. I believe it's the opposite. I believe Blane Ackerly used sound judgment. He could've easily shot and killed Dirk but he only wounded him. I've been out ta Blane's house. He has heads of different animals that he's hunted mounted on his wall. He's a very skilled hunter, skilled enough ta shoot a person to only wound them, not kill them."
Dirk did not appreciate the Marshal's testimony. He was the one that had been shot. He was the one who was unarmed. He could've lost his life. And yet, Marshal Dillon was making him out to be the bad guy. He had a feeling in the pit of his stomach that Blane Ackerly would spend very little time in jail, if any time at all.
"Court will take a thirty minute recess while I make my decision." Judge Brooker banged his gavel on the table and got up to leave the room.
The thirty minutes passed quickly, and Judge Brooker had returned. He sat down and banged his gavel on the table. Everyone quieted down.
"After reading the witness statements, hearing both sides, and hearing Marshal Dillon's testimony, I've come to a decision. Mr. Ackerly, I find you not guilty. I see no reason to lock you up. You are not a threat to the community. You were in the wrong place at the wrong time." Judge Brooker turned his gaze over to Dirk. "Mr. Smythe, if I could lock you up for making stupid decisions, I would. This time you ended up with a bullet in the arm. The next time you cause problems, you may not be so lucky. This court is adjourned." Judge Brooker banged the gavel on the table.
Darla rose from her chair and quickly made her way to Blane. As soon as Darla was within reach, Blane pulled her into his arms and gave her a kiss. The last few days had been stressful, but now they could relax. It was over, and Blane would not be spending any time in prison. Matt walked over to the couple.
"Congratulations, Blane," said Matt as he shook Blane's hand. "I wasn't surprised with Judge Brooker's decision. He's a fair judge."
"Thank you, Marshal," said Blane. "Me 'n Darla appreciate you comin'. Yer testimony really helped."
Dirk watched the celebration between Blane and Darla. This is not how it was supposed to be. Blane was supposed to be going to prison for shooting an unarmed man. He was not supposed to be a free man celebrating with his wife. With anger clouding his decision, Dirk pulled a knife from his pocket and went after Blane. Darla saw him coming towards them.
"Blane! Look out!" she screamed.
Blane turned to see Dirk charging at him. Matt had also seen Dirk. And with his quick reflexes and accuracy, Matt pulled his gun and shot Dirk in the upper chest. Dirk immediately went down. Matt holstered his gun and walked over to Dirk. He squatted down next to him.
"I wanted Darla for my own," Dirk confessed breathlessly. "I thought if Blane was in prison, she would forget about him, and then she'd be mine." Judge Brooker was standing by Dirk. "I reckon you was right Judge. The next time I cause problems I might not be so lucky." Dirk took his last breath and died.
"It never turns out well for men like that," Judge Brooker sighed. "Did he have any family?"
"None that I know of," Matt answered. "What do ya want ta do with the body?"
"Since he doesn't have any known family, I'll have some men from town bury him," Judge Brooker replied.
Matt focused his attention on Blane and Darla. He wanted to make sure they were alright. "You folks alright?"
"Yes, Marshal," Darla shakily responded. "Thank you again. Blane 'n I were going to the cafe to celebrate. Please join us."
"I'd love to, but I need to get back to Dodge," Matt politely rejected the invitation. "But congratulations to you." Matt left the hotel.
Newly returned to Doc's office. "Spearville sent a telegram. Matt already left. He's on his way back."
"I guess he won't know what happened until he gets here," said Kitty. "Thanks, Newly."
"Sure thing, Miss Kitty," Newly replied. "How is she, Doc?"
Doc removed the stethoscope from his ears. "Her heartbeat is getting stronger. That's a good sign." Kitty took a big sigh of relief. Prayers were being answered.
Matt was about five miles from Dodge, when he saw Festus and the group of men. Without a doubt, it was a posse. But why was a posse needed? There was only one way to find out. Matt rode ahead to meet them.
"Matthew," said Festus. "I wasn't expectin' ta see you so quickly? Didja get Newly's telegram?"
"No, I didn't," Matt responded. "What's goin' on here? What's the posse for?"
Festus heard Matt's answer. "Ya didn't get Newly's wire?"
"No. Now what's goin' on here?" Matt repeated.
"Ya need ta get back ta Dodge, Matthew. Miss Ruby is sick," Festus replied.
Matt looked at Festus. Something wasn't right. "Festus, why won't you tell me what this posse is for?"
"Matthew, trust me," said Festus. "It'd be best if you went back ta Dodge. Miss Ruby and Miss Kitty need ya."
TBC
