Winter's Refuge
Chapter One Hundred Sixty-Nine
JED 'KID' CURRY
On the ride into Three Birds, I tried to prepare myself to see Rocky behind bars. I know he was in the Wyoming Territorial Prison before he came to us, but I tend to forget that. He's a good young man becomin' a good man. And I still believe that. And I will make sure he knows I believe it.
Colin insisted there was nothin' I could to do help him. "Not like you helped Heyes preserve his parole," he warned me. He reminded me that the option for me to spend a day and night in prison then was only because the warden and Judge Carlson wanted me dead and that put me under their control. Warden Mays is a different man, a better man but not without his weaknesses.
ASJ*****ASJ
In Three Birds, as we waited to see Rocky, Heyes and Colin were huddled over a telegram and bein' very secretive. I could hear Heyes but not Colin.
"Colin, you know why the boy did it. Do you have to send him back to prison?" Heyes asked.
I paced, nervous for Frank to arrive with the judge. And I wanted to see Rocky before he faced the judge. I didn't hear Colin's reply, but Heyes answered, "We know he didn't steal the money and the judge will see that, too. Can't you reduce it to four months instead of six?"
Six months, I thought, and my mind went to all that could go wrong in prison in six months. Not could go wrong, would go wrong. Lom and Father Patrick were waitin' with us, too. I felt bad for takin' Lom away from Wayne after he only got to see him nappin' for an hour when we were at Phoenix.
"Alright, four months. But now you know why Rocky did what he did. You read the letter. He needs people like me and the Kid to teach him how to control what Father Patrick calls our personal demons. And who better to do that than me and the Kid? And Father Patrick and Dr. Arden are here, too. You know he won't get the help he needs in prison." Heyes silver tongue was smooth, but I don't think Colin was convinced because of whatever he said. "Alright you'll think about it and talk it over with the judge but no more than four months, right?"
That was all the conversation and Heyes looked at me. He knew I heard part of their talk. He just shrugged his shoulders. Four is better than six, I told myself. We'll all write letters and send food boxes.
HEYES
I tried everything I knew, but talking to Colin was like trying to move a stone wall. He's meeting with the judge before he hears the evidence and rules on Rocky's punishment.
I'm worried about the Kid. We both feel guilty. Neither one of us was here but we couldn't help being away. When we rode in, me and the Kid rode side by side, but he was silent. I finally blurted out," Kid, if you ain't gonna talk to me about what you're feelin', at least talk to Paddy!"
Startled, he looked at me. "Ain't nothin' to talk about yet. Tryin' to do what Aiden showed me and not keep the depression bottled up. Figured the next step for me is to talk to Rocky and see what the judge says. As long as I can see an end to this, even if it's six months away, I'll be alright." He smiled like he was ten years old again. "And partner, if I need to talk, you'll be the first one I turn to."
It wasn't long before Frank and a tall distinguished, pleasant looking man in a gray jacket and black pants were in sight. I was pleased Charles Kolmand, Esq. was with them. He had insisted on representing Rocky, even though this was the type of hearing where a lawyer was present.
Frank let me and the Kid back to see Rocky and stayed with us. He asked Lom and Father Patrick to wait outside the sheriff's office while Colin, the judge, and Mr. Kolmand went over the evidence in the case.
"Rocky, you got company," Frank told him. The boy's eyes weren't as red, but they weren't clear either. I forget how young he is.
"Hi, Rocky, you look like you're feeling better today," I said.
He didn't answer. He stood still and his eyes were locked on the Kid.
The Kid reached through the bars and ruffled Rocky's hair. "How are you doin', son?" he asked.
And all the emotions Rocky had been trying to hole inside came out again. "I'm sorry, Mr. Curry. I'm sorry. You been so good to me, and I messed up real bad. I'm sorry."
The Kid reached through the bars with both hands and did his best to hug the crying boy. "Rocky, you know we all make mistakes. You saw me at my lowest and you challenged me to figure out why. I read Stephanie's letter and I understand. Feel guilty for not bein' here for you to talk to."
"Oh no, Mr. Curry, nothin' for you to feel guilty about. This is on me. All me. And I didn't steal no money. Wouldn't do that," Rocky answered, getting control of his emotions. "Whatever punishment the judge decides, I deserve."
"You got a family supportin' you now," the Kid said, letting the boy go.
"Does that mean I might be able to come back to Phoenix when I get out of…of prison?" the boy asked, as if he hadn't thought it was possible to return.
"Your place as my apprentice will be waitin' for you. I need someone to shoe those horses so I can catch up on the rest of the blacksmith work. Phoenix is your home," the Kid said firmly, daring the boy to say otherwise.
"And we are your family. Don't forget that," I added.
Rocky, looking exhausted, sat down on the bed. "Thank you. All of you. I'll work hard to stay out of trouble. Thank you for giving me a place to come back to."
"Not just a place, a home," I told him.
JED 'KID' CURRY
Rocky's hearin' took longer than I thought. There weren't many people there. Me and Heyes, Colin and Lom and Paddy and the judge. And, of course, Rocky and his lawyer. The judge sat at Frank's desk with Rocky and Kolmand seated in front of him. The deputy had borrowed chairs from the cafe so we could all sit down. It was crowded but we didn't care.
First, they talked about the charge of theft. I smiled at how thorough Heyes had been gatherin' the evidence from the blacksmith shop and havin' Colin there as a witness. Rocky was declared innocent, and the charge was dismissed. Only thing I didn't like was that Honmeyer was sent on his way free to go. I'm worried he might be carryin' a grudge again the boy, or Heyes, or Colin. But hearin' the word 'innocent' from a judge is always somethin' positive.
Then they talked about the parole violations, and I heard in detail what had happened. I should have been here for him. But then I wouldn't have been able to see Preacher. And that visit was important for him and even more healin' for me. I did wish either me or Heyes was there with him when he had his first taste of whiskey. His was a harsh introduction.
Rocky took the responsibility for everything he did without excuses. I was proud of him for that. He said that he thought he was headin' home to Phoenix. And he apologized for hittin' Deputy Preston. He felt someone grab him and was angry.
For his part, Deputy Preston testified that he saw the boy stumblin' with the whiskey bottle in his hand walkin' out of town. He had come at him from the back without sayin' anythin' or identifyin' himself as the law, like he should have. Said his black eye was as much his fault as Rocky's. I don't know this new deputy of Frank's, but I respected that he had testified. A lot of lawmen me and Heyes met wouldn't have done that.
And then the testimony was over. Arnie had delivered three telegrams while it was goin' on. Deputy Preston took them. Now he gave them to Colin and the judge. Leavin' Deputy Preston to watch Rocky, Colin, the judge, and Frank left to talk things over. Not sure where they went, but they shared those telegrams with each other before leavin'.
I pulled my chair up next to Rocky's. "I'm proud of you, son, for takin' responsibility like you did."
He gave me a weak smile. "Learned that from you, Mr. Curry, sir. Guess I got to start callin' men sir again."
"Say it because it's the rule in prison and that billy club of the guards is quick and it hurts. But it don't mean you respect the men you're sayin' it to. In my book, that has to be earned."
"Yes, sir," he answered. "What do you think they'll decide?"
Kolmand, from the other side of Rocky, answered him, "Never can tell with a judge, but I've heard this one is a fair man. I'm hoping for no more than three months. Got a quick look at one of those telegrams. It was from the Wyoming governor's office."
I nodded. "Colin is the governor's chief aide so that's probably just state business."
"Keep your nose clean and mind your own business. Do whatever the guards say without question," I told him. "Three months ain't that long."
"I was in there a lot longer than that, but now after livin' with all of you at Phoenix, three months seems like forever," Rocky lamented.
"Do what Heyes did and count down the days until freedom," I told him. I said it loud enough so Heyes heard. We both remembered the numbers circled in the books he sent home that told us he knew how many days were left.
HEYES
Colin, the judge, and Frank met for over half an hour, and they all looked satisfied when they returned to the sheriff's office. The judge sat at Frank's desk again. I expected him to address Rocky, but instead he said, "Mr. Jedediah Curry?"
The Kid stood up quickly. "Yes, sir," he answered. I knew he didn't know anything more of what was going on than I did.
"We will discuss the prison term for Mr. Rocke in a moment. I need to know if you are still willing to sponsor Mr. Rocke when and if he becomes eligible for parole again?"
"Yes, sir," the Kid answered.
"And are you willing to take him as your blacksmith apprentice again if that happens?"
'I will." The Kid's voice left no doubt that he was willing.
"Mr. Hannibal Heyes?"
I stood up. I considered saying, "Yes, judge," but this was important and even the Kid had called him sir. "Yes, sir. I'm right here."
"Mr. Heyes, are you willing to be a joint sponsor of Mr. Stanley Rocke, Jr.'s parole?"
"Yes, sir, I am."
"Thank you, gentlemen. Please sit down."
"Mr. Stanley Oliver Rocke, Jr. please stand." He did and Mr. Kolmand stood beside him. As the Kid had said, Kolmand is a good man.
"You have admitted your guilt to the parole violations, and you are hereby sentenced to one month in the Wyoming Territorial State Prison." The judge looked over at Colin and Frank. "We need you to understand that violating your parole conditions is a severe offense and you will not receive a lenient sentence if they are repeated. Do you understand?"
Kolmand leaned over and whispered but everyone in the small room could hear. "Lenient means easy. If you break your parole again, they won't be easy on you."
"Yes, sir, Judge, I understand. Thank you, Judge. Ain't gonna happen again. Learned my lesson," Rocky kept talking, nervously.
"Here are the conditions of your sentence. You will be kept in the jail here in Three Birds until the prison wagon can be sent for you. Starting tomorrow, any days you spend in the Three Birds jail will count toward your thirty-day sentence. Do you understand?"
"Yes, sir," answered Rocky.
"Since you have two prominent friends of the governor willing to sponsor your parole, you will be released to them when your sentence is served. As part of your parole, you will be apprenticed to Mr. Curry to learn the blacksmith trade. You can not leave their ranch…I believe it is called Phoenix, without Mr. Curry or Mr. Heyes being with you. Do you understand?"
Rocky really smiled for the first time today. "YES, SIR! Thank you, sir," he said.
"You may not have any alcoholic drinks of any kind. You will be shackled at night for your entire parole period, and this can not be changed. Do you understand?" The judge sat back in Frank's chair, forgetting that it rocked and started to go too far back, before he caught himself.
Kolmand whispered something to Rocky, this time in a lower voice. Rocky answered the judge, "Yes, sir. I understand and accept the sentence and all the parts of the parole. Thank you, sir."
JED 'KID' CURRY
I gave Rocky a reassurin' pat on the back as Deputy Preston escorted him back to his cell. Before the judge could hurry out, Heyes stopped him and thanked him for his leniency.
"You're welcome, Mr. Heyes. I hope this is only a minor setback for him. And I must say that my son reads your dime novels and Mr. Curry is exactly as described in those books. Very impressive man."
"Yes, sir," Heyes answered, with a wink to me as he shook hands with the man. "Impressive, Kid?," he teased me later.
"Well, Hauser Sletten has met me and writes me as he sees me." I laughed and teased right back. "Need to talk to Colin.
I tapped him on the shoulder as he was talkin' with Frank. Heyes followed me over. "Colin, got a question or more of a request."
"What is it, Jed?"
"I'd like to modify the shackles, like add an extra rung and such. Rocky's a growin' boy. Blacksmithin's hard work and I want to make sure he can sleep well at night," I asked.
Colin looked at Frank, who shrugged his shoulders, before saying, "Can't see any harm in making him more comfortable. Just want to ensure he doesn't run away."
"Thanks," I answered.
Colin looked at Heyes. "Heyes, just so you know, staying for a few days in the jail here was not leniency on the part of the judge. You told me about the threat from Wooly Eyes Wolcott and Jaguar Cummings to get Heyes and Curry. The warden confirmed it, and he confirmed that Wolcott will be hanged this week. As soon as Cummings is transferred out of there, Rocky will be transported to the prison."
"Thank you for all you've done for him. One month was even less than I'd hoped for," Heyes answered.
"Just want to remind him that parole is a privilege earned, as is living here at Phoenix. Don't want him to forget that." Colin was his stern self again.
"I'll make sure he don't forget," I said, shaking Colin's hand.
"We'll both make sure," Heyes added.