Chapter Three A Week Later
"Heath? Are you sure you want to do this? As your lawyer and your brother, I advise against it. It could hurt Posy in the long run."
"Jarrod, if you don't want to do this, I will find another lawyer who will." Heath growled at his older brother.
Sally bit her lip and looked at the man she loved.
"Jarrod, just let us sign. It will go into the Barkley safe deposit box. No one will ever know." Sally spoke up, "Where do I sign?" looking down at the paper.
Jarrod pointed wordlessly and then had to make his case again, "I am your brother and attorney. We have told the whole town her father is dead. Before Posy was born."
Sally spoke out impulsively , "He is."
Heath frowned at her and grabbed the paper. He scribbled his name so hard it broke the tip of the pen.
"It says differently here." His eyes dared Jarrod and Sally to speak again.
"We will have to have witnesses along with your will. I have Fred and Esther waiting in the sitting room to sign. Are you sure?"
Heath looked like he was going to hit Jarrod.
Sally squeezed her eyes not to cry.
Her week had been miserable. In what should have been a happy time, wearing the beautiful opal ring on her hand and the town complimenting her right and left—she and Heath had quarreled each day. He and Nick had words and they weren't working on the same crew. Jarrod had tried to dissuade him every day from this course of action to no avail. Heath had sworn Jarrod and Sally to secrecy. Victoria knew something was terribly wrong with Heath but neither he or Jarrod would talk about it. She hoped Sally would talk to her—"the poor girl looks like a wounded deer" but she didn't.
Sally had finally relented and agreed to sign the birth certificate.
"No one will ever see it. It is just in case." He reminded her again.
"Fine. I love you Heath Barkley and I will do it for that reason and reason only. You are a jackass but you are mine."
He laughed hard and squeezed her hand, "I could say the same but that might get me in more trouble."
She widened her eyes in pretend anger but her laughter reached her eyes anyway.
"And we can get on with the wedding planning?"
"You coulda done that anyway."
She started to argue again but stopped herself. It wasn't worth it. His moods surely had to improve. She just couldn't ignore the fear that Jarrod was right. This could hurt Posy but everything she knew in her heart knew he loved her daughter. If he would just tell her, "his why".
Sally's thoughts were jolted back with Jarrod opening the door.
"Thank you for waiting. The document is on the desk." in a formal courtroom voice that betrayed his anger with Heath.
"No problem, Jarrod. Glad to help."
"Please sign here that this is Heath's signature; three places."
Fred picked up the pen and went to sign. The tip was broken. Jarrod went to his desk to grab another one. Fred glanced over at The Last Will and Testament of Heath Thomson Barkley. He was relieved that it was as simple as a will. He worried when Jarrod asked him to witness and not let anyone know, the document was more sinister.
"This one. The Last Will and Testament of Sally Ann Barkley nee Jones."
Fred signed and she gave him a sweet smile. He was confused about the moods in the room but respected them enough not to ask.
Jarrod hesitated but finally pulled the third paper of only one sheet out.
"Here, Fred."
Fred's eyes flashed surprise for a second, Mariposa Lou—Barkley? on a birth certificate.
He signed quickly not wanting to embarrass anyone but found some disappointment welling up. "Heath is her father and he waited this long to claim her? Shore don't seem like the man who rode into Stockton four years before calling himself a bastard. He has a child? "
Jarrod took the pen and handed it to Esther. She already knew what was in the documents from typing them. And signed quickly and headed out the door. It wasn't her business but she too felt disappointment in Heath.
"That sweet little girl is his? And he waited this long to marry her momma? I know no one is perfect but Mista Barkley should be better than this—"
Fred looked at Heath and Sally, "See ya at the wedding."
"Yes you will," Sally spoke up, "We are heading right now to the church to set a date. Miz Victoria and EJ are meeting us there. Nick is moving our new seamstress into the shop. Getting ready." she spoke nervously.
"Good day," and he tipped his hat at Sally. He didn't make eye contact with Heath.
"I will take these to the bank."
"Thank you, Jarrod. I know this pains you but I have my reasons."
"I trust you do." in a cold voice and he stopped himself before he reminded Heath once again that if the birth certificate ever came to light, Posy would be branded illegitimate just as he was. It was a moot point now.
"And you have the adoption papers for the wedding?" Heath glared.
"Yes. All they need is a date and your signatures. You sign the marriage license and then the adoption. All fair and legal that way."
"Thank you, Jarrod," Sally stood up wanting to get Heath out of the room before the brothers had words again.
Heath walked over hastily and Sally took his arm, "Heath, I am hungry. Do we have time to eat before we meet your mother?"
"Shore." and he locked eyes with Jarrod once again, "Thank you."
Jarrod simply nodded and began to shuffle the papers as they headed out.
He perused the papers again, "What is my brother hiding? There is no way Posy is his. They would have come back married from Arizona. He wouldn't have gone a second without giving his child his name. Not a damn minute. I know him that well. I would stake my life on it."
Jarrod put the wills in his office safe and the birth certificate in his jacket pocket to take to the bank.
He thought back to his mother's recounting of the trip to the horse sale. Tom Wills's death.
Jarrod shut his door and went back to his private files.
"Yes here it is."
He studied the deposition from the Arizona Territory, clearing Heath and declaring the shooting self-defense.
The document gave him no new answers at first but this time his eyes lit on the dates.
He took the birth certificate out of his pocket and looked at the date of Posy's birth.
Sally had told him she had no husband but claimed one for her ailing father when he took care of the sale of the farm and the purchase of the storefront. The old man had accepted the story of her widowhood and welcomed her back home. Sally was incredibly honest with him and he had no reason to doubt his new sister-in-law.
The date of Tom Wills death—-the birthdate of Posy—-nine months.
"Well either Heath is the father—which I doubt with my whole being—-or?"
"But she could have been pregnant when she was run out of that town? Mother said the women were adamantly throwing her out. Said it was shameful how they treated her."
"Or Tom Wills?"
"But he is dead. He can't hurt them now. What in the hell does Heath know that we don't? I am sure Sally has no idea what is going on in his head."
He lit his cigar and looked out of his window.
"Okay little brother. I am going to try to trust you on this. But it is hard as hell when it can backfire on ya."
—-&—
