CHAPTER THIRTY-FOUR

Conflicts

Nick hoped no one waited for him at the train depot. He wanted to visit the new confectionary before he went home. But as soon as he stepped off the train, Audra—accompanied by Andy—waited.

Nick lifted Andy and gave him a bear hug and then hugged his sister. "Thanks for coming to get me."

"I needed to go into town for a couple of things, and, with Levi in school, Andy was bored, so he decided to come with me."

"I missed you, Papa."

"I missed you, too, Andy." He looked at his sister. "Do you have your shopping done?"

"Almost. I just need to pick up some thread."

Nick nodded. He was impatient to get home, but he did want to pick up chocolates. "Andy, why don't you come with me?"

"Where should I pick you up?" Audra asked.

"The new confectionary."

Audra smiled, her dimples appearing. "I see."

"Is there something funny about that?"

"No." She smirked. "Nothing at all."

Nick scowled at his sister. "Audra! What is so funny?"

"Nothing, Nick." Audra giggled. "Nothing I can say."

"Does it have to do with Isabella?"

Audra patted Nick's cheeks. "You really should watch that temper of yours."

"Is she still mad at me?" Nick's heart pounded as he waited impatiently for his sister's input.

Audra sighed. "She said that if you knew what was good for you—"

"What? What did she say?"

"She said that if you knew what was good for you, you'd bring her home chocolates."

Relief swept over Nick. She had forgiven him. He grinned. "She did, did she? And you weren't gonna tell me that bit of important information?"

"Nope. I promised her I wouldn't. She said it only counted if you did it on your own without hints."

"Well, you make sure you tell her I did it on my own. And if that ever happens again, you better tell me—if you know what's good for you."

Audra giggled.

"C'mon, Andy. Let's go buy some chocolate for your mama." Nick put his bag in the surrey Audra had brought and took Andy's hand. "See you in a few minutes. Don't take too long."

"I won't, Nick."

Nick and Andy went to the new confectionary. As soon as they entered, Andy's eyes turned big. "This places smells really good."

Nick grinned. "Yeah, it does. And we need to get some of this for Mama." He looked around the small store. He chose the largest "deluxe assortment" for Isabella, then a smaller box for his mother, Audra, and Jeannie.

Andy looked at the penny candy but said nothing.

"Would you like to pick out some of that for you, Levi, James, Jack, and Abby?"

Andy's big eyes looked up at Nick. "Can I?"

"Sure." Nick placed his purchases on the counter. "Do you have a sack for the penny candy?"

"Yes." The young woman behind the counter pointed at a stack of small paper bags.

Nick picked up one of the bags and examined it. The paper bags he'd seen opened like an envelope, but this was a new contraption. It opened with a flat bottom. Nick grinned. "Ain't that somethin'?" He handed the bag to Andy.

Andy put five pieces of candy in the bag.

"That ain't enough!" Nick said.

"That's one piece for each of us."

"How many pieces would you have if you put five pieces for each of you?" Nick liked asking the boys questions that taught arithmetic.

Andy considered and counted on his finger. "Twenty-five!" he finally said.

"Okay, you already have five pieces, so how many more pieces do you need?"

"Twenty?"

"Good job!" Nick tousled his hair. "Put twenty more pieces in there."

Andy grinned and picked out more pieces.

"You think we should get some candy for Silas?"

"Yes! He always makes us cookies and cakes and pies."

Nick smiled. He adored that kid with the big heart. He picked up a small box of chocolates for Silas, then threw another handful of penny candy into Andy's bag. "For me and Sam," he explained. "We might want some too."

"You can have some of mine."

Nick's dimples grew. "I'll tell you what. Pick out one more piece for you to have now."

"Really? Thank you!"

Nick paid for their purchases, and they stepped outside to wait for Audra.

XXXXX

Jarrod was already seated in the center of the dining area when Heath and Margaret arrived at the Capitol Hotel Restaurant. He stood when Heath and Margaret entered.

Heath held a chair for Margaret, and then he and Jarrod both sat.

"Been here long?" Heath asked.

"No. I did ask for a wine list, though."

"And?"

Jarrod glanced up. "Looks like the waiter is coming now."

Margaret elbowed Heath. "That's the snooty waiter we had the first night."

Heath nodded, glad he was dressed in his work clothes. He hoped the snooty man would act snooty in front of Jarrod.

Without acknowledging Heath or Margaret, the waiter handed Jarrod a list. Jarrod glanced over the list. "We will have a bottle of the Barkley pinot noir."

"Very good, sir." The waiter left.

"That's the waiter we had the first time we was here," Heath explained to Jarrod. "He's the one that turned his nose up at us."

Soon, the waiter returned with a bottle wrapped in a napkin. He poured a small amount in Jarrod's wine glass.

Jarrod picked up the glass and swirled the wine, then sniffed it. He shook his head. "That isn't Barkley wine."

"No, sir. We are out of the Barkley pinot noir right now, so we offered you a free upgrade to a higher quality wine."

"This isn't higher quality. Please bring me a list of what you have in Barkley wines."

It was a while before the waiter returned. He brought with him a bottle of Barkley cabernet sauvignon. He again poured a small amount in Jarrod's wine glass.

Jarrod swirled and sniffed. "This is not Barkley wine," he stated firmly.

The waiter displayed the Barkley label—which was slightly stained and looked used.

Jarrod stood. "Please take me to your manager."

"If you'll remain in your seat, sir, I'll bring the manager to you."

"No. Take me to your manager. Preferably in your wine room."

The waiter swallowed hard and eyed Jarrod. He glanced around at the capacity crowd. "Very good, sir," he stated. "Please come with me."

Jarrod followed him to the kitchen, where the manager was busy dishing plates.

"I'd like to see your wine room," Jarrod stated.

"We're short-handed today," the manager said. "You can come see me at two p.m."

"I want to see your wine room and I want to see it now," Jarrod insisted. "I also want to see the invoices for your wine shipments."

The manager stopped working and stared at Jarrod, appraising him. "I am not at liberty to show those to you."

"Then to whom shall I speak?"

The manager paused. "Mr. Russell, the hotel manager."

"And where shall I find him?"

"The front desk can take you to him."

Jarrod walked back to his table and picked up the mislabeled wine bottle. "Keep an eye on the restaurant manager," he told Heath. "Make sure he doesn't try to get rid of empty Barkley wine bottles." He turned, then stopped and again looked at Heath. "Also, get the names of as many employees as you can. Do you have paper and pencil?"

"Yes." Heath nodded, then hesitated. He didn't want to leave Margaret sitting alone. Finally, he took her with him, and together, they stepped just inside the door of the kitchen.

"You can't be in here," a waiter scolded.

"I was told to wait here," Heath replied. Which was the truth—although it had come from Jarrod and not from anyone associated with the restaurant. No one else questioned him, and most freely gave their name and position.

XXXXX

Jarrod put on a smile as he approached the front desk. "I'd like to see Mr. Russell, please."

"He's out right now. May I give him a message?"

"Yes," Jarrod said pleasantly. "Tell him Jarrod Barkley is at his front desk and isn't leaving until he appears, and if he doesn't appear within five minutes, the sheriff will also be waiting for him."

"Uh, yes, sir. I'll see if I can locate him, sir."

Mr. Russell appeared four minutes and fifty-four seconds later. He glared at Jarrod. "How may I help you?"

"I am Jarrod Barkley," Jarrod stated, although instead of offering his hand for a shake, he held up the mislabeled wine bottle. "I suggest we go to your office and chat." He still smiled, but the glint in his eye let Mr. Russell know the meeting was not going to be pleasant.

"Come with me," he said.

Jarrod followed the man to his office and sat before being asked to. He waited for Mr. Russell to sit. A quick appraisal told him the man was already sweating. "Mr. Russell, it appears we have a problem."

"Yes, sir?"

"Your menu states you proudly serve Barkley beef and Barkley wine."

"Uh, well, our, uh, older menus do."

"Strange that three visits out of three over the past month, everyone in our party was given those older menus." He smiled at the man. "Do you happen to have one of your newer menus for me to see?"

"N-no, sir. They are with customers."

Jarrod nodded. "Now, Mr. Russell, I do believe you and I will get along better if we are honest with each other. So, please, don't embarrass yourself by lying to me."

"Yes, sir."

Jarrod related what had just happened in the dining room, as well as the experiences Heath had had. "I'm sure you're aware it's considered fraud to call a product something it is not." He lifted the mislabeled wine bottle for the manager to get a good look.

Mr. Russell's hand trembled as he lit a cigarette.

"I should probably also inform you that I'm not only a son of Tom Barkley, but I'm also an attorney in the state of California. As you can imagine, my family is not pleased that inferior products are provided to your customers, who believe they are receiving Barkley products. We both know you do not have invoices showing any purchases from Barkley Enterprises, so let's not waste our time pretending to hunt for them. I do not recall exactly what year it was when my father was displeased with your business ethics and refused to provide products to you, but I do know he has been dead for over seven years, so it's been at least that long. I'm sure I can do a bit of research to find out exactly how long it's been." Jarrod leaned back in his chair. "So, for at least seven years, you've been profiting by fraudulently using the Barkley name. I also know this fraud has been quite intentional since you've continued to advertise Barkley products and doing so while serving lower quality products." Jarrod nodded toward the mislabeled bottle. "You've even gone so far as to pour off-brand wine into wine bottles with a Barkley label. As you can certainly understand, this is not behavior we can turn our backs to."

Mr. Russell stealthily opened a desk drawer.

"Don't add murder to your offenses," Jarrod stated without attempting to stop the man. "My brother is in your kitchen right now and knows exactly why I'm here."

The manager closed the drawer.

"I will be filing a lawsuit to recover damages done to the Barkley name, and I will also present this case to the county prosecuting attorney." Jarrod stood. "I suggest you find yourself a good attorney as soon as possible." He turned and walked out.

Jarrod strolled through the kitchen and motioned for Heath and Margaret to follow him. Once they were out of the kitchen, Jarrod led them through the dining room and out the door of the hotel. Finally, he turned. "I suggest we eat elsewhere."

"What happened?"

"I've notified them we will be filing a lawsuit and that I will be turning evidence over to the county prosecuting attorney." Jarrod shrugged. "I'm not sure it will be worth much time on my part to file and process a suit, but I figure they will be willing to settle."

"There's a pretty good Italian place right up the street," Heath said. "Nuttin' fancy, but the food is good."

"Sounds good to me," Jarrod agreed.

XXXXX