Disclaimer: The characters and situations of the TV program Big Valley are the creations of Four Star/Republic Pictures and have been used without permission. No copyright infringement is intended by the authors. The ideas expressed in this story are copyrighted by the author.

Is it really so hard-by Nutterone 

 

 

What I can do for you…

The courtroom was silent as the young boy finished his tale.  Victoria Barkley forced her face to remain unchanged as the surge of denial raced through her.  There was no way the boy’s words could be true.  He hadn’t seen things correctly.  She dared a glance around the room.  She didn’t see anything but the pale face of her daughter next to her.  It was obvious Audra wasn’t able to maintain her composure.  Tears streamed down her face and her head slowly shook back and forth, expressing her disbelief. 

Tearing her eyes from her daughter, she stared at the dark heads just beyond the rail in front of her.  The dark head directly in front of her sat tall, pride kept him that way.  He’d never break down in public but she knew inside, he was as terrified as he had ever been in his life.  The only outward indication of his despair was the slightly bowed head.  During the boy’s testimony, she knew he had looked straight ahead, eyes unwavering. 

Next to him, the raven-haired head hung low over the papers before him on the table.  He was fighting the battle of his career, indeed, his life.  He didn’t have the luxury of allowing his emotions to control him.  He needed to find some way to win this ill-fated case.  His hands fought to scrawl the ideas that flooded from his brain.  His mind struggled to find a way to make the jurors understand that this innocent boy really couldn’t have seen what he just said he did.  It was a dangerous game.  He needed to destroy the credibility of a young boy who had just lost the only family member he had ever known. 

The prosecutor asked for a moment to recheck his notes, which the judge granted.  Victoria used the opportunity to reflect on the horrible events that had brought them to this horrific stage.  How long ago had it been?  Harry Winston, the postmaster, had stopped Heath on the street with a letter addressed to Tom Barkley, Stockton.  Harry wanted to deliver it personally, as it was strange of someone to send a letter to a man who had been dead so many years.

Heath brought the letter home to her and she’d opened it with curiosity.  Before reading the letter, she checked the bottom to see whom it was from.  She said the name aloud in astonishment, Karl Hayes. 

“Mother?”  Heath asked concerned.  “Is everything all right?”

She smiled at him.  “Yes, Dear.  Just a name I hadn’t heard in a long time.”  She silently went back to reading.  She nodded her head as she finished reading. 

Heath was about to ask her what was in the letter, when Nick thundered through the door with his usual panache.   Victoria looked at him.  “Must you, Nicholas?” 

“What?”  Nick glanced back and forth between his mother and brother.  “What did I do?”

“As usual, you’re disturbin’ people.”  Heath chided.  He turned his attention back to Victoria, only to discover she’d left the foyer and was sitting in the parlor.  He followed her in.  “I take it it’s bad news, Mother?”  Heath asked. 

 

Nick had followed them in.  “Bad news?  Who got bad news?  Is it Jarrod?  Audra?  Eugene?”  Nick’s eyes darted back and forth between the two, hoping for some news.  “Will SOMEONE tell me what’s going on?”

Victoria had been ignoring her sons, lost in the memories the letter had elicited.  Nick’s anguished command snapped her back to the parlor.  “Oh, Nicholas, nothing like that.  An old frie…” She stopped.  She couldn’t quite call Karl Hayes a friend.  “An old acquaintance of your father’s wrote to him asking for help.”

“He doesn’t know Father’s dead?”  Nick asked skeptically.

“It would seem not.”  Victoria answered.

“What does he want?”  Heath asked, more curious.

“He wanted your father to come and help him with a business matter on his ranch.”

“Why?”  Nick understood no more than Heath.  “Why would father go to the man’s ranch, when they obviously hadn’t spoken in years?”

“I don’t know.”  Victoria thought for a moment.  “I suppose it must have been important.  Karl Hayes was not the type of man to ask for help easily.”

“How did you know him?”  Heath’s quiet, questioning manner was furthering the conversation.

“He and his wife traveled west with us.  He and your father frequently butted heads over matters.  It wasn’t always easy.”

Nick had lost all patience and taken the envelope from his mother’s hand.  “Nevada?”  He looked at Heath.  “You ever heard of Kennedy, Nevada?”

He scrunched up his face a moment while he thought.  “Not that I can recollect but there’s a whole heap of towns in Nevada I ain’t heard of.”

Nick looked back to his mother.  “Do you know where it is, Mother?  Is that where you parted company?”

She thought a moment, trying to remember.  “No, I don’t recall either.  It seems to me Karl pulled his wagon out of our train after we had reached California.  I had no idea he’d gone back east.”

Heath nodded.  “I’ll wire him in the morning and let him know father’s passed on.”

Victoria shook her head.  “You can’t.  It says here, there is no wire in Kennedy.  That’s why he had to send the letter.”

“So, we’ll write him.”

Victoria continued to wonder why Karl Hayes was reaching out to her husband after all these years.  They hadn’t parted on favorable terms.  Karl was hard-working, but a bitter man.  His foul temper and cold nature had alienated everyone on the trail.  No one had really been sad to see him go, although they felt for his wife.  “No.  I should take the letter in person.”

“What?”  Nick roared.  “No way!  You are not gonna go traipsing off to some godforsaken town in Nevada by yourself.”

Victoria rose to her feet.  Although on some levels she enjoyed Nick’s protectiveness, she most often found it annoying.  “I most certainly will.  Unless, of course, you can give me some good reason why I shouldn’t?”

Nick started to stammer.  He could never win in an argument with his mother.  It was too hard. 

Heath saved him.  “Because Nick and I are going.”

Nick stared at him shocked and then quickly nodded in agreement.  “Yeah…  Like Heath said.  We’re going.”

Victoria smiled.  “Why?”

Nick began confidently.  “Because…” He was stuck.  He turned to Heath.  “Because?”

“Because it’s pretty slow around here right now and if this Karl Hayes needs help with his ranch, it makes sense for us to go.”

“Exactly!”  Nick drove his finger into Heath’s chest, as if he’d had the idea all along.

John Jamison stood again after checking his notes.  “Tim, are you absolutely sure about what you just told us?”

The young boy wiped at the tears on his cheeks and looked at Jamison defiantly.  “My Pappy tol’ me always tell the truth.”

Jamison smiled politely externally.  Inside, he was beaming.  This child was going to seal the lid on a Barkley coffin.  There was no way Counselor Barkley would get his brother out of the noose.  “I know, Tim.  I’m sorry.  It’s just that this is very important.” 

The ten-year-old boy lurched out of his seat and shouted.  “I tol’ ya.  I heard voices in the barn.  Then I heard Pappy scream.  He never screams, so I ran into the barn.”

Jamison approached the witness stand and calmed the child with a wave of his hand.  He took over for the boy.  “And you saw your grandfather on the ground?”

“Yeah.  He was all wrong.  I runned over to him and scooped his head up into my arms.  It hurted him a might.”

“What do you mean, he was all wrong?”

 Tim sniffled.  “His arms and legs was bent funny.”

 “Was he awake?”

“Yep.  He looked up at me.”  Tim paused, remembering the moment.  “That’s when he said it.”

 “Said what, Tim?”

 “Barkley did it.”

Jamison returned to his desk to purportedly check a file.  He was actually allowing time for the boy’s words to again sink into the jury’s minds.  It was a hard image for anyone to watch and not be affected.  “Did you know what he meant?”

 “Not right away.”

 “What happened next?”

 “I heard a noise and I looked up and saw them in the loft looking down at us.”

 “Them who?”

 Tim pointed across the room and Nick Barkley squirmed under the scrutiny of the entire courtroom.  “Them Barkleys.”

 “Tim, you need to be clear.  When you looked up, who was standing on the edge of the loft?”  Tim looked down at his feet.  Jamison cringed.  That wasn’t going to help.  “Tim, I know this is hard, but the Barkleys can’t hurt you now…”

 “OBJECTION!”  Jarrod roared.  Until that moment, anyone in court might have thought he wasn’t even paying attention to the proceedings.  He was engrossed in his notes.  He continued without waiting for the judge to grant him permission.  “Your honor that was a prejudicial statement.”

 “Sustained.”  Judge Roy Lehrer was not inclined to interfere with the two attorneys.  He knew there was bad blood between them, but Jamison had overstepped his grounds.   He turned to the jury.  “The jury is instructed to disregard that last statement.”

 “My apologies, your honor.”  Jamison turned back to Tim.  “Tim, who was standing in the loft?”

 “Nick and Heath Barkley.”

The first time Tim had spoken those words, the crowd had gasped.  Everyone knew Nick was on trial for murder, but to hear the words come from the poor boy’s lips had stunned them all.

 “Thank you, Tim.  I know this hasn’t been easy for you.”

 “Am I done, now?”

 Jamison turned to the jury and then back to Tim.  “Soon, Tim.  I think Mr. Barkley might like to ask you a few questions.”  He turned to Jarrod’s desk.  “Your witness.”

Jarrod cleared his throat and took a quick sip of water before rising.  He smiled at the boy.   He knew Tim had endured a long afternoon already.  If he played this right, he believed he could lessen the impact of the powerful accusation.  “Tim, you’ve been very brave through all of this.  I don’t plan to keep you here long.”  He spoke with sincere compassion.  Other lawyers might have looked at this boy as the enemy, it never occurred to Jarrod to do so, even when his brothers had been implicated. 

 “Tim, you test… said your grandfather’s last words were ‘Barkley did it,’ correct?”

 “Yes, sir.”  Tim looked puzzled.

 “Do you know what he meant by that?”  Jarrod chanced a glance at the jury.  He needed to know how hard he could push the boy.  He needed to keep a pulse on the boy as well as the twelve men to his right. 

 Tim was confused.  “I don’t know whatcha mean.”

 “As you held your grandfather, did you think Nick and Heath had killed your grandfather?”

 “Well, uh…”

 “Tim?  Were you worried about anything other than your grandfather as you held him?”

 Tim thought about it and began to shake his head.  “No, sir.  I was just scared.”

 “Were you scared of Nick and Heath when you saw them in the loft?”

 “No, sir.  They started to climb down the ladder right away.”

 “Were you afraid then?”

 “No.”  Tim looked confused.

 “So, if you thought these two men killed your grandfather, why weren’t you afraid?”

 “I ain’t been afraid of ‘em since I met ‘em.  They seemed real nice and all.  Pappy had seemed fine wit ‘em too.   Nick, he even gave me a pony.”  Tim faced Nick and smiled.  Nick nodded and returned the smile.

 Jarrod smiled as well.  He glanced again at the jury and began to feel some hope.  “Then, what makes you think they might have hurt your grandfather?  They were friends too, weren’t they?”

 “Sure.”

 “So, when did you come to think your grandfather’s last words were bad?”

 “Roscoe said so.”

Another series of outcries flushed through the room and the judge pounded his gavel for silence. 

“So, you never actually believed that Nick and Heath hurt him?”

It was Jamison’s turn to cry out.  “OBJECTION, your honor.  He’s leading the witness.”

 Before the judge could rule, Jarrod interjected.  “I apologize your honor, please allow me to restate the question.”  The judge nodded.  Jarrod turned back to Tim.  “Until Roscoe said differently, did you believe Nick and Heath hurt your grandfather?”

 “No, sir.”  Tim was again agitated.  His young mind just couldn’t get a handle on everything happening.  Had he said the right things? 

As if reading his mind, Jarrod calmed the boy.  “You’re doing just fine, Tim.  It won’t be much longer.”  Jarrod stepped back to his desk to check his notes and provide the boy a rest.  He offered Nick a small smile.  He saw Nick release a long held breath.   From his table, Jarrod offered Tim a few more questions.  “Tim, when you found your grandfather, was he laying face down?”

 Tim looked a bit confused for a second.  “No.  He was on his back.”

 Jarrod nodded.  It was a small but important point for the defense.  Jarrod glanced around and decided the risk was worth it.  He knew what Tim’s answer would be and he knew in light of the evidence that was coming; they needed it said aloud.  He offered one more question.  “Tim, do you really think that Nick and Heath killed your grandfather?”

 As Jamison’s din of objections roared forth, a small voice could be heard over it all.  “No.”

Chapter Two

 

Having come to know the stubbornness of the Barkleys, the sheriff afforded them some privacy later in Nick’s cell.  Jarrod was already sitting on the small bunk making notes for tomorrow.  Audra and Victoria stood quietly in the corner, not sure what to say or do. 

 

Nick paced back and forth.  Even the presence of his family couldn’t calm his frazzled nerves.  “None of you should be here.  Someone needs to be with Heath.  It was bad enough you being there today.  What if he wakes up alone?  You know Heath; he’ll be worried.  He don’t need that right now.  He has to concentrate on getting well.”

 

“Nick, the doctor promised to come and get us if Heath showed any signs of coming around.  You know that.”  Victoria immediately regretted the words.  They all knew the doctor would have sent someone.  The fact that Heath obviously hadn’t shown the hoped for signs, worried them all the more.  The tension was broken by the arrival of Nick’s dinner.  The tray was set down on the small table and Jarrod looked up at the clatter of dishes.

 

“Things went well today, Nick.  Eat dinner, get a good night sleep, and we’ll have back at them in the morning.”  Jarrod reassembled his notes and placed them neatly in his portfolio. He turned to his mother and sister and indicated to the door.

 

Nick finally spoke.  “How can you be so calm?  Tim told those men I killed his grandfather.”

 

“Not exactly.  He’s a boy.  He didn’t understand the statement.”  Jarrod took a deep breath.  “Nick, don’t give up hope.  This is far from over.”     

 

Nick didn’t reply.  He sat abruptly on the chair near the table and grumbled about his situation.  Jarrod returned his attentions to the women and placed a gentle hand on his sister’s back.  “Let’s go eat and then check on Heath.”

 

Audra stopped short, despite the pressure.  “No, Jarrod.  Can’t we check on Heath, first?”

 

“No, young lady.  I know you.  Once we get there, you won’t want to leave and we all need a good, hot meal right now.”  He offered his worried sister a charming, confident smile.  “We’ve all got to keep our strength up, right?”

 

Audra struggled with her answer.  Victoria cut them off.  “We’ll stop by the office and let the doctor know where we’re having dinner.  Then we’ll see Heath after dinner.”  She walked to Nick’s side and leaned over to kiss the top of his head.  “Listen to your brother.  He’s never led you wrong before.”

 

Despite the strain, Nick chuckled.  “Well, at least not in any way you know about, Mother.”   It felt good to feel some light air in his chest.

 

Victoria shot her sons an inquisitive glare.  Jarrod blushed slightly.  “Brother Nick, I have no idea what you’re talking about.”  He gave Audra a gentle shove out the door and called over his shoulder to his mother.  “We really need to get Audra some dinner, Mother.  Night, Nick!”

 

None of them ate much, nor did they notice the disgruntled look on the waiter’s face as he cleared the remains of their dinners.  Jarrod stirred his coffee and Audra simply sat expressionless.  Victoria offered some conversation to break the mood.  “I’m worried about Nick.”

 

“Mother, we all are.”  Audra said dejectedly.

 

Victoria smiled.  “I’m not worried about the trial.”  She looked to Jarrod and offered him a confident smile.  “It’s his mood being away from Heath at a time like this.  If Heath…” Her words suddenly failed her.  She had almost spoken her greatest fear aloud, a thought all of them shared, but no one dared discuss. 

 

“NO, Mother!”  Audra glanced around, knowing she had spoken loud enough for others to hear.  “Don’t even think it.  Heath is going to be fine.”

 

Victoria took her daughter’s hand.  “Of course, he is.  It’s just so hard for Nick not to help Heath.”

 

“It’s hard for us all.”  Jarrod offered quietly.  “Let’s go see him, shall we?”

 

The ladies nodded and quickly rose from their chairs.  The lone street of Kennedy, Nevada seemed eerily quiet as the trio moved to the doctor’s house.  When they entered Heath’s room, Helen Mickle, the doctor’s wife, rose to her feet and moved aside.  She’d been at Heath’s bedside, swabbing his face and chest with cool cloths. 

 

Victoria took her place.  For the first time since she had met him, she feared what she saw.  He seemed pale and small.  She could almost use the word fragile to describe his appearance.  It was overwhelming.  She felt like she was already drawing on the depths of her reserves.  She prayed things would resolve themselves quickly. 

 

It seemed like the trial had been pulled together overnight but it had been two weeks.  It just so happened the judge was available and he had denied Jarrod’s request to postpone until Heath was better.  He had actually gone so far as to say if Heath survived, he would be tried separately.  The comment had shaken Nick to the core.  Jarrod attempted to soothe the angst by pointing out should the trial not end in their favor; it provided him with grounds for a solid appeal. 

 

Audra took the chair on the other side of Heath and took his limp hand in hers.  She whispered reassuring words to him.  Victoria couldn’t make out her words.  Truth be told; the rasping breaths Heath struggled to take drowned Audra’s words out.  It numbed them all.  All they could do was give him strength by holding his hands and cooling the fever that raged within him.

 

~ BV~

 

Nick rolled over to face the wall.  It was his fifth position change in as many minutes.  He couldn’t sleep.  He knew his family meant well, but how could they really expect him to sleep?  Each time he closed his eyes he relived all the horrible events of Kennedy.  If he did manage to fall asleep, that day in the  livery would replay in his subconscious and he would abruptly wake as his dream arms held his dead brother’s body.  His eyes clenched shut, willing the liquid pooling there to stop.  He knew his brother lived, but the dreams were so vivid.  He wondered if he could convince the judge to let him see Heath with his own eyes.  He hadn’t seen his brother since the sheriff pulled him away from him when they took him back to jail. 

 

As he had each night so far, he focused his brain and thought through the events of this trip and what had brought them to the brink of destruction.  After some lengthy research, Heath finally managed to locate the speck of dust on a map called Kennedy.  They’d packed extra gear on a mule, as the trip didn’t look to be short or easy.  After five days hard travel, they reached the main street of Kennedy.  It was actually the only street.  It held two saloons, with a law office between them, one store, a small hotel, a livery and a few tents.  They stopped at one saloon and asked about Karl Hayes.

 

The bartender laughed as he dropped two beers in front of the dusty, tired cowboys.  “Who in their right mind would want to see that crazy old bastard?”

 

Despite the years, Heath still cringed at the use of the word.  He answered shortly.  “I don’t believe that’s any of your business.  Can you get us to his place or not?”

 

The bartender obviously didn’t like Heath’s tone and walked down to the other end of the bar, ignoring them. 

 

Nick took a large drink from his beer.  “Good job, brother.  Nice way to get us a smooth welcome.”

 

Heath said nothing, but made a mocking face at Nick before tasting his own beer. 

 

Nick smiled.  “It seems we’re needing a more genteel approach with this fella.”  He reached into his coat pocket and took out his wallet.  He checked to make sure the barkeep was watching them and removed several bills. 

 

The bartender immediately returned.  “Who was it you were lookin’ fer?”

 

Nick smiled nicely.  “Karl Hayes, know him?”  It was obvious they were starting over.  Heath ignored the confident looks his brother was shooting him.

 

“Sure, jes head straight out of town about seven miles.  Ya kint miss it.  It’s the only place out that way.  Miserable country iffn you ask me.”

 

Heath threw a few coins on the counter for the beers.  “We didn’t ask ya.”

 

Nick chuckled and handed the bartender one of the bills.  “Thanks.”  He quickly swallowed the rest of his beer and ran to catch up with Heath, who had already mounted Charger.

 

“What’s your problem?”  He asked as he caught up to Heath, just outside of town.

 

Heath shook him off but Nick persisted and taunted him until Heath broke.  “I can’t explain it.”

 

“Well, little brother, you had better try.  This trip ain’t gonna go well if you keep causing trouble with the locals.”

 

“That’s just it.  Something just doesn’t feel right.  I got a bad feelin’ about this town.”

 

“Ya know.”  Nick laughed.  “You’re worse then some old granny with your feelings and worries.  You keep this up, you’re gonna get old before your time.”

 

Heath smiled, knowing he was being silly.  “Just you remember.  You’re older than I am.”

 

~ BV~

 

They knew they wouldn’t arrive at the Hayes place before sundown, so they made camp along the way and enjoyed the evening.  The next morning when they rode into the Hayes ranch, a shotgun greeted them.

 

The brothers held their hands in the air.  Nick leaned a bit into Heath and said quietly.  “Let me do the talking.”  After last night, Heath wasn’t about to argue. 

 

Nick flashed one of his famous, disarming smiles and began.  “Now, easy there, fellow.  We’re not here to cause any trouble.  My brother and I are just here looking for a man named Karl Hayes.  We were told this was his place.  Is that true?”

 

The older man behind the gun spit on the ground and resettled the gun on his shoulder.  “Might be.  What’s your business with him?”

 

Nick assumed this was Karl Hayes.  “Well, he actually wrote to us, well, rather our father.  The name’s Nick, Nick Barkley and this here’s my brother, Heath.”  Heath tipped his hat. 

 

“I don’t know no Nick or Heath Barkley.  Who sent ya?”  The man continued to train his gun on the men, alternating between them.

 

Nick was beginning to tire of the game and started to shift in his saddle.  Heath cut him off before he could continue.  “Our mother received a letter from Karl Hayes asking for help from our father, Tom Barkley.”

 

As if recognition finally was coming to him, the man lowered the gun slightly.  “Tom Barkley, of Stockton, you say?”

 

“Yes.”  Heath answered.  He knew that both he and Nick could outshoot the man, but he didn’t want this to come to gunfire.

 

The man continued to ponder their words.  “Victoria?  She your mother?”

 

Heath smiled, feeling better about the situation.  He paused only a moment, for certainly Victoria had become a second mother to him.  “Yes.”

 

Suddenly the old man grew angry again.  “No account low life.  The man can’t come himself?  He has to send his whelps?”  He raised the gun again.

 

Nick truly was angry now.  It had been hard for him to accept that his father wasn’t perfect.  Heath was living, beloved proof of that, but there was no way he was going to accept an insult from this old coot, whom his father hadn’t even really liked.  He turned to Heath, “Come on.  It’s no use.  Let’s go.”

 

Heath shook him off.  He understood how hard it was to let go of anger.  Obviously this old man was bitter.  “Tom Barkley died some years ago.  He couldn’t come.”

 

Shock spread across the man’s face. “Dead?  Tom’s dead? Well, I’ll be.”  He actually seemed to soften for a brief moment. “I’d a sure thought he’d outlive me.”

 

Nick added gruffly.  “He was killed by the railroads fighting for his land.”

 

Karl Hayes began to laugh.  “That’d be Tom Barkley alright.  Cursed ‘em to his last breath, I suppose.”

 

Heath expected Nick to lunge at the old man for his attitude; he stiffened in his saddle.  He was surprised when Nick chuckled as well.  “That he did.”

 

The old man sobered.  “So, why’d you come iffn he’s dead.”

 

If he hadn’t already believed it, Heath knew now the man wasn’t entirely traveling with a full team of horses.  “Like I said, our mother sent us.  You asked for help.”

 

Karl Hayes dropped the gun entirely and slowly nodded.  “That I did.  Your mother always was a fine woman.  Much too good for your pa.”

 

Heath stuck out his arm to warn Nick.  It hadn’t been necessary; Nick also knew the man was not in total command of his senses.  Nick instead, started to dismount.  Hayes’ gun immediately shot back up to his shoulder.  Nick growled, exasperated.  “Can we get down or not?”

 

The gun fell again.  “Well, sure.  Get down.  If you want something to drink, help yourself to the pump.”

 

Slowly, not trusting the old man, Nick and Heath dismounted.  Karl seemed to ignore them and walked back to the front stoop of the small ranch house.  He sat down in the shade and waited for Nick and Heath to join him. 

 

Nick stood in front of the man and Heath leaned on the porch rail.  Nick waited for Karl to say something, but he didn’t.  So he did.  “So, what do you need help with?”  Nick scanned the meager ranch as he waited for a reply.

 

Karl Hayes looked at the two men.  “You know anything about running a ranch?”

 

Nick smiled, he knew his mother would have reprimanded him for being boastful, but he loved talking about their ranch.  “Well, we run just about the biggest ranch in Northern California, maybe one of the biggest in the whole state.  Does that help?”

 

Karl grimaced at him.  “Now, you got no need to be boastful.  Just because the luck ain’t come my way, doesn’t mean I ain’t proud of my own place.”

 

Nick felt as if his mother had delivered the words to him.  “I’m sorry.  I didn’t mean to…” his apology trailed off.

 

Karl rambled on.  “So, Tom had himself two sons.  Nice.  I only had one myself.  He’s dead now.  Got himself kilt in a gun fight in town.  Idiot.  Always was one.”

 

Heath and Nick exchanged quick glances.  “He actually had four sons, and a daughter.”

 

“FOUR sons?  Why the hell ain’t the others here?”  Karl exclaimed.

 

“Well…”  Nick was baffled again.

 

“Well, our brother Eugene is in college and our oldest brother, Jarrod, is a lawyer and was working on a trial.”

 

“A lawyer.  Damn it all.  I needed the lawyer.  Why didn’t he come?”

 

Heath wasn’t about to explain it all again.  Nick tried again.  “So, is it a legal problem with your land that you’re having?”

 

“You might say.”  Karl seemed to be elsewhere now.  Suddenly he stood up and walked to the barn.  “Follow me.”

 

Nick and Heath did as they were asked.  They entered the barn and a pitchfork was thrust into Nick’s hands, a bucket of feed into Heath’s.  “Well, don’t just stand there, get to work!”

 

Confused, but not yet willing to give up, they proceeded to help the old man with the barn chores.  When they had finished, they followed Karl up to the house and inside. 

Saying nothing, Karl began to ladle up three plates of beans.  Heath noticed that there were three chairs arranged at the table and two bunks made in the corner.  “Karl, do you live here alone?”

 

Karl ignored him for a few minutes as he ate.  Heath assumed he’d forgotten or ignored the question until he spoke again.  “My grandson.  I got a grandson living with me.  The only thing my idiot son done right in his life was shack up with that saloon whore.”

 

Heath and Nick both swallowed hard.  Nick certainly wasn’t used to that kind of attitude.  He wasn’t a prude, but it wasn’t allowed in the Barkley mansion.  Although Heath had grown up in that environment, he still cringed.  His mama would have never talked like that. 

 

Karl went on.  It was obvious he was proud of his grandson.  “He’s a good boy.  I think he’s about ten now.  Works hard for me.  A real good boy.”

 

“Where is he?”  Nick asked.  “School?”

 

Karl laughed.  “School?  What does a rancher need with schoolin’?  No, he’s up on the north range with Roscoe.”

 

“Roscoe?”  Nick pushed further.

 

“My hired man.  I hated to hire him, but I had to.  Tim and I just couldn’t manage all this on our own.”

 

They ate the rest of their meal in silence.  When they had finished, Heath was instructed to wash off the plates while Nick dried them.  Nick leaned in and whispered to Heath.  “This is ridiculous.  How long are we gonna put up with this?”

 

Heath shoved a wet plate into Nick’s hand.  “Ease up, Nick.  The man’s obviously not right in the head.  He’ll either tell us what he needs or we’ll figure it out.  You got a problem helping a man out around his ranch?”

 

Nick relented.  “No.”  He chuckled. “It’s been years since I’ve had to rake out a stall.”

 

“See, it’s already done you some good.”

 

Nick cuffed Heath on the back of the head.  Heath was going to retaliate with dishwater, until Karl hollered at them to get back to work.  When they had finished, he presented them each with a list of work to be done that afternoon. 

 

Nick tossed Heath a look filled with displeasure.  Heath merely smiled and winked, aggravating his brother all the more.

 

At sunset, two riders rode into the ranch.  One was big and imposing, the other was small and smiled brightly.  Nick and Heath had just finished their work lists and were cleaning up in the trough. 

 

“Hey!  Who are you?”  The young, blond haired, blue-eyed boy ran up to the brothers.

 

Heath smiled at him.  “This here’s Nick and my name’s Heath.  We came to help your grandpa out for a spell.  I bet you’re Tim.”

 

“I sure am.  Did ya mean it?  Are you really here to help us out?”  The layers of dirt on his face gave evidence to the hard work the young boy had done that day and yet he was still filled with energy and excitement at the newcomers. 

 

“Sure, did.”  Nick added, trying to soften up.

 

“That’s great.  Maybe now we can get this ranch really going.  It was hard when it was just pappy and me.  Roscoe has helped a lot, but now that you’re here.  Things will really happen and we’re gonna have the ranch we always dreamed of, right, pappy?” 

 

The brothers hadn’t noticed Karl arrive.  Nor had they expected the humor in his words.  “That’s right, Tim.  It’ll be a fine place one day soon if we keep at it.” 

 

The other man, Roscoe they presumed, joined the men at the trough, but said nothing.  He didn’t even acknowledge the Barkleys.  Finally Nick greeted him.  “You must be Roscoe.”

 

“What if I am?  It ain’t no business of yours.”  He practically hissed the words.  Nick raised an eyebrow at Heath and ignored the man. 

 

Karl came outside and called them in to dinner.  He handed Roscoe the plate he’d been carrying and without a word, Roscoe took it and walked to the barn.  They didn’t see him until the next morning. 

 

Tim spent the evening asking Nick and Heath what seemed like a million questions.  He was a charming boy who was eager to please them and learn from them.  Nick couldn’t help but wonder if Tim wasn’t just a little like a certain brother of his at this age.  He sighed to himself, wishing he had known Heath then.  How different things would have been for his younger brother.

 

Karl looked at the clock on the mantel and ordered Tim to cease his questions and head to bed.  Tim did so without argument.  He simply said good night to the Barkleys and kissed his grandfather on the cheek.  “’Night, pappy.”

 

“’Night, Tim.”

 

Nick and Heath glanced about and somehow knew they weren’t sleeping in the house.  They stood and bid the old man good night and went out to the barn.  They expected to find Roscoe there, but he was nowhere to be found.  They climbed the ladder to the loft and made themselves beds in the softest hay they could find. 

 

Before turning down the lamp, Nick looked over at Heath, who already had shut his eyes.  “You sure you want to stick this out?”

 

Heath nodded.

 

“Why?”

 

Heath opened one eye and looked at Nick.  “I think he’s testing us.”

 

“Testing us?  Why?”

 

“Don’t know that yet.  I’m still takin’ the test.”

 

Nick growled and turned the lamp out.  In the dark, he lashed out and struck Heath with a glancing blow to the arm. 

 

“Hey!  What was that for?”

Nick laughed.  “I’m hittin’ you now.”

 

“For what?”  Heath wondered.

 

“Because I get the feelin’ that cranky old man is gonna be you in forty years.  I might not have the energy to hit ya then.”

 

Heath laughed.  “Now, Nick. I was thinkin’ you was gonna be just like old Karl.”

 

“Never.”  Nick spit out. “I’m just too darn nice and even-tempered.”

 

Heath rolled onto his side laughing now.  “Oh yeah.  I forgot how nice and even-tempered you are.”

 

Nick just growled some more and rolled the opposite direction, pulling his blanket tight up to his chin.  He had the feeling Heath was gonna try some prank.

 

~ BV~

 

The next day passed in much the same way, except that the men were entertained by Tim’s enthusiasm all day.  On the third day, Karl announced that they were going to town.  He ordered Heath to hitch the wagon and had Tim and Nick change their shirts to “something more presentable.” 

 

When they reached town, Nick and Heath were dismissed to do as they pleased while Karl conducted his business.  Although it was still morning, they wandered over to the saloon and had a drink.  Heath got into an early game of cards and Nick went to explore the town.

 

Nick had come across Karl leaving the doctor’s office.  “Howdy, Karl.  Everything all right?  Tim sick?”

 

It was only a fraction of a second, but Karl’s delayed response was enough to worry Nick.  “Huh?  Oh, hi, Nick.  Um, what did you ask?”

 

“Karl, is everything ok?”

 

“Um, no.  I…  I just wasn’t feelin’ right, so I stopped to visit the quack.”

 

Nick chuckled, wondering if the doctor knew Karl’s nickname for him.  “Did everything check out?”

 

“Um, I gotta think…” 

 

Karl’s attentions were no longer on Nick and the old man simply walked off.  Nick stepped into the doctor’s office for more information, but of course, the doctor couldn’t say anything. 

 

He returned to the saloon, played a few hands and had lunch with Heath.  Later the brothers walked down to the livery, where they spied Tim sitting on the fence.

 

“Whatcha lookin’ at Tim?”  Nick clapped the boy on the back, nearly sending him off the rails.

 

“That’s a mighty fine pony, don’t cha think?”

 

They followed his eye to the young pony parading around the other end of the corral.  “He sure looks good from here, Tim.  You’ve got a fine eye for horse flesh.”  Tim smiled proudly at Heath’s compliment.

 

Tim grew quiet.  “I wish he was mine.  I asked pappy, but we ain’t got the money right now.”

 

Heath nodded.  “I know how that feels.”

 

Nick watched Heath’s eyes.  Yep, Tim was certainly like a young Heath.  Nick got an idea, but needed to get Heath and Tim away from the livery. 

 

“Heath, you know what would sure taste good to young Tim here?”

 

“No, what’s that, Nick?”  Heath asked, curious.  He could see Nick was up to something.

 

“A sarsaparilla.”

 

Tim’s eyes grew wide at the very suggestion.  “You mean it?  I could get one?  I never had one.  I always wanted one…”

 

The comments flew out of his mouth so fast; he couldn’t stop.  Heath grabbed Tim’s hand and led him to the saloon, where the tasty drink could be found.  Nick smiled at him when Heath glanced back over his shoulder. 

 

Nick tracked down the livery owner and paid him for the pony.  He paid him extra to bring the pony out to the Hayes ranch and make it look like he’d followed Tim home.  The owner didn’t readily agree to the deal, but when enough extra was thrown in, he shook hands on it.

 

Later that night, as Tim groomed the pony which had miraculously followed him home from town, Nick and Heath approached Karl again about his doctor’s visit.

 

“Karl, we’re just worried about ya.”  Heath had flashed one of those famous lopsided grins of his and Karl gave in.

 

“I jest ain’t thinkin’ right these days.”

 

“Whatcha mean?”  Heath seemed to be having more success with Karl, so Nick kept quiet.

 

“I dunno.  I jest need to slow down and think things through more carefully.”

 

“Like what?”  Nick couldn’t hold his tongue any longer.

 

Karl clammed up and avoided the discussion.  “Don’t you two be worrying about us.  We’ll be fine.  I got Tim and Roscoe. That’s all I need.”

 

~ BV~

 

Nick racked his brain thinking about what point he might have made a change.  There had to have been something he missed that could have kept them out of this situation.  He knew he and Heath hadn’t killed Karl.  How was he going to convince the jury?  It was his word against Roscoe’s.  Even if Heath woke up and provided testimony, Jamison would find some way to discredit it.  Brothers would lie for each other, isn’t that what Jamison had said to his assistant?  Nick had overheard the men talking in the outer office. 

 

“Argh!”  Nick expressed his frustration to the thick air in his cell.  He rolled onto his back and willed his mind to shut down.  He knew the last thing he needed was to look and act like a tired, old grizzly bear in the morning.

 

Chapter Three

 

That dreaded sunrise came all too quickly.  Jarrod, Audra and Victoria had slept by Heath’s side all night.  None could bear the walk back to the hotel, being so far away seemed so very wrong.  They were stiff and strained from the events.  After receiving assurances from the doctor, they cleaned up and ate breakfast.  Jarrod went to the jail to meet Nick and discuss the day’s proceedings. 

 

“Morning, Brother Nick?”  There was question in Jarrod’s voice.  Nick looked as bad as Jarrod felt.  “Sleep well?”

 

“Bah!”  Nick growled.  “What do you think?  They’re gonna hang me and I don’t even get to see Heath before they do.”

 

Jarrod was glad his mother wasn’t present to witness Nick’s anguish.  She was holding up well under all the stress but he had to be honest.  She wasn’t getting any younger.  No matter how strong she had been in the past, she had aged in the past few days.  That familiar need to be the big brother rather than the lawyer swept in.  “That’s no way to inspire confidence in your lawyer.”  Jarrod offered a pathetic grin.  Nick said nothing, so he continued.  “Talk like that makes me think you want to change your plea.  Shall I tell the judge you’re guilty and tell him to get the hanging over now?”

 

Nick scowled.  “That’s not funny.  This is my neck we’re talking about.”

 

Jarrod grew serious and grabbed Nick’s arm to emphasize his words.  “This isn’t over for anyone, Nick.  Heath will be fine, and you’ll be acquitted.  You have to trust me.”

 

Nick looked at his brother for a long, uncharacteristically quiet moment.  “I do, Jarrod.  I don’t trust Roscoe.”

 

“Neither do I but we can handle him.  We’ve handled his type before and I’m afraid, we will again.”

 

“We?”

 

“We!” 

 

“Heath wake up yet?”  Emotions were too close to the surface and Nick needed a change of thought.

 

“Not yet, but I suspect we’ll see those blue eyes before the day is out.”  Jarrod believed his own words and Nick read the confidence in his tone.  They both needed to believe it.

 

“That would make this a good day.”  Nick smiled.

 

“You know, I might get the case thrown out today.”  Jarrod mused.

 

Nick grinned, just a touch of his normal humor showing.  “That wouldn’t be bad either.”

 

Roscoe Brown nervously took the stand a few short hours later.  As if it was planned, his demeanor was the subject of Jamison’s opening question.  “Mr. Brown, you seem a bit nervous.  Why so?”

 

“Objection, your honor.  The witness’s mood is not pertinent to this trial.”  Jarrod argued.

 

Before the judge could speak, Jamison dared interrupt him.  “Your honor, if you’ll bear with me, I intend to show that the witness’s demeanor is indeed directly related to the case.”

 

“I’ll allow it.”  The judge’s words filled the court.  “But you had better get to the point quickly, Mr. Jamison.”

 

“I certainly will.  Thank you.”  Jamison turned back to Roscoe and proceeded.  “Mr. Brown, are you nervous?”

 

“Ya.”  It was only one syllable but the tension in his voice went straight to the ears of the jury.  Jarrod was sure of it.

 

“Why is that?”  Jamison asked.

 

“I…  I don’t much like going up against the Barkleys.” 

 

Jarrod cringed internally.  Jamison was playing right into the basic human jealousies.  He was going to make this case about Barkley money, power and influence.  As a lawyer, he knew Jamison would try the tactic, but a small part of him had hoped it wouldn’t happen.  He silently prayed the jury could remain neutral.

 

“What do you mean by that?”  Jamison fought the excitement growing inside him.  He didn’t want to ruin anything by moving too fast.

 

“I don’t think the Barkleys are gonna like what I have to say about what happened.”

 

“And why is that?”

 

“Thems rich people.  Nick Barkley killed Karl Hayes.  They don’t want me sayin’ things like that.”

 

Gasps flooded the courtroom.  Nick refused to shrink from the stares today.  He nudged Jarrod and whispered gruffly.  “Object!”

 

Jarrod leaned over and replied.  “I can’t.”  He knew Nick didn’t understand.  “Don’t worry, I’ll get him during my cross-examination.  Nick, I told you this wouldn’t be easy.  Keep your cool.”  Nick grumbled in response.

 

Jamison hadn’t missed the discussion between brothers and he smiled.  “I think Counselor Barkley would like you to explain that statement.  Can you tell us why you make that charge?  Did you see Nick Barkley kill Karl Hayes?”

 

“No.  I didn’t.”

 

“So, why?”

 

This time Jarrod did object.  “Objection.  Speculation.  The witness just testified he didn’t see my client kill Karl Hayes.”  In a quieter voice he added, “That alone should be enough to end this farce.”

 

Jamison responded before the judge did. “Withdrawn.”  He smiled at the jury.  “I’m afraid I am getting ahead of myself.  Mr. Brown, what happened that day at the Hayes ranch?”

 

Roscoe Brown took a deep breath and a worried expression came across his face.  Jarrod couldn’t help but wonder if Roscoe was struggling to remember the coaching that Jamison obviously had given him.  He filed the thought away for later use. 

 

“I was working with a new horse in the corral when the Barkleys rode in.”

 

Jamison interrupted him already.  “Which Barkleys?”  He glanced at Jarrod.  “There are many around these days.”

 

“Nick and Heath.”

 

“Very good.  Please continue.”  Jamison reassured the nervous man.  Jarrod noted that Roscoe never made eye contact with the defense table and only briefly with Jamison.

 

“Tim and Karl greeted the men.  I couldn’t hear what they were saying, but Karl sent Tim away and kept talkin’ with ‘em.  Then he seemed to get mad and he stormed into the barn.”

 

Jamison clarified for the court.  “So, Karl Hayes went into the barn alone?”

 

“He did but both Barkleys followed him in.  It was quiet for a few minutes and then I could hear Karl shouting.”

 

“Could you hear what he said?”  Jamison queried.

 

“No.  But I had a good idea.”

 

“Did you go see if anything was wrong?”

 

“No.  Not right away.  I didn’t want to butt into Karl’s business with ‘em.”

 

“But you did eventually go into the barn?”

 

“Yeah, but it took me longer.  Tim ran in when he heard a scream.  I would have gone then, but the scream scared the horse and I had to settle him down before I could get inside.”

 

“What did you see when you entered the barn?”

 

“Little Tim was craddlin’ his grandpa’s head in his lap and cryin’.  It was obvious that Karl had fallen.  I looked up and saw them two Barkleys standin’ at the edge of the loft looking down.”

 

Jamison glanced at Jarrod.  He intended to rip apart Jarrod’s defense before he could even establish it.  “I’m sure the jury is as confused as I am.  Why do you think they killed him?”

 

“I think they pushed him because he wouldn’t do what they wanted.”

 

Another gasp passed through the court.  Jamison ignored it and pressed on.  “Mr. Brown, that is a serious charge.  Why do you make it?” 

 

“The Barkleys wanted to buy Karl’s ranch and he wouldn’t sell it to them.  I’d seen them arguing about it for several days.  They was trying to force Karl out…”

 

Nick’s shout obscured Roscoe’s statement.  “THAT’S A LIE!!!” 

 

Jarrod grabbed at Nick’s arm and pulled him back to his seat.  “Sit down, Nick!  Control yourself.” 

 

Nick couldn’t be quiet, even though he knew it would come.  “I can’t just sit here and let that man LIE!”

 

The judge was pounding his gavel and shouting at Jarrod to control his client.  Once Nick was again quiet, Jarrod looked to the judge and apologized.  Jamison smiled at the whole scene.  “How do you know this, Mr. Brown?” 

 

“Karl told me.”  Roscoe paused to collect his thoughts.  “Karl had been feelin’ poorly lately.  He even went to the doc.  It got Karl to thinkin’ that he needed to see to Tim’s interests if somethin’ happened to him.”

 

“Did the Barkleys know about this?”

 

“Yeah, Karl said he told Nick in town.  Karl came home and asked me if I’d consider taking care of Tim and the ranch until he was old enough.”

 

“What did you say to him?”

 

“I told him I needed to think about it.  He told me I was the only one who could love Tim like the family he needed.”

 

“So, rather than sell to the Barkleys, he asked you to care for things?”

 

“Ya, he was even going to have a lawyer draw up some papers sayin’ so.”

 

Jamison moved to his desk and retrieved a torn paper.  He returned to the witness stand and showed Roscoe the paper.  “Is this the paper Karl Hayes was drawing up?”

 

“Looks like it.  I never did read them too close.  He was gonna send it to a lawyer.”

 

“Why do you think the Barkleys wanted the ranch?”

 

Roscoe glanced around the room anxiously.  “We… ah…”

 

“Yes, Mr. Brown?”

 

“We found some gold on the land.  I figure Karl musta tol’ Nick.”

 

Nick prepared to leap from his chair, but Jarrod was faster and held him in place. 

 

Jamison noticed Nick’s tense posture.  “Mr. Brown, what happened next in the barn?”

 

“Nick and Heath started over toward the ladder.  They climbed down and started to move to Tim.  I told them to stop.  They did.  I sent Tim to town for the sheriff and the doc.   I did what I had to… to keep them there until the sheriff got there.”

 

Jarrod didn’t win the battle with his brother this time.  Nick shot up.  “Did what you had to?  Why…”  He glared at Roscoe.  “You’re LYING!”

 

The judge again demanded order in the court with his gavel and booming voice.  When Nick had settled, all in the room looked to Jamison.

 

John Jamison looked to the jury and then to the judge.  “Your honor, I’m through with the witness.” 

 

The judge looked at his watch and then to Jarrod.  “I think there is time to continue before we break for lunch.”

 

Just as Jarrod was about to reply, the courtroom doors opened and the doctor entered.  All four Barkleys met his eyes.  They immediately knew Heath was awake.  Jarrod looked back to the judge.  “Your honor, it appears another witness in this case has woken. I respectfully request a recess until after lunch.”

 

The judge looked at the doctor and then the family’s faces.  “Very well, counselor.  Court is adjourned until 1pm.”  The sheriff moved in to take Nick’s arm.  Nick began to follow Jarrod through the gate in the railing.  The short arm of the law stopped him. 

 

“Sheriff!  Let me see my brother!  I promise you.  I’ll come right back.  I’m not going anywhere.”  Nick pleaded.  Jarrod watched the sheriff’s face with interest.

 

Jamison was close enough to hear the conversation and interrupted them.  “Sheriff!  The judge has already denied this man bail.  Despite what he says, his family’s wealth makes him a flight risk.  He must return to his cell.”

 

“Mr. Jamison, he will go back to jail.  Just let him go by way of seeing Heath.  Just for a few minutes.”  Jarrod hoped to appeal to the side of Jamison that was human.

 

“Mr. Barkley.”  Jamison replied coldly.  “You are not in charge and don’t have the right to change the judge’s orders.”

 

Sheriff Charles shook his head slowly and quietly added.  “I’m sorry.  I gotta take ya back.”  He pulled Nick toward the rear door, which lead directly to the jail.  Jarrod started to follow them, knowing that Nick needed him. 

 

“No, Jarrod.  Go to Heath.  He needs you now.”  Nick’s mind was made up and Jarrod saw the determination.

 

“Are you sure?”

 

“YES!  Go to Heath.  Tell him, I…  Tell him not to worry.”

 

Jarrod knew how hard those words were for Nick to say.  The worry was etched in every line of his face.  Jarrod knew he didn’t have much time to spend with Heath either.  He needed to work on his cross-examination.  Jamison had done a good job.  Jarrod would have to do better.

 

~ BV~

 

Heath woke to feel a cool cloth being run across his cheek.  As the blue eyes fluttered open, he expected to see the noble face of Victoria Barkley.  He had come to depend on her loving touch in so many ways.  He always felt safe in her presence.  He often wondered how he would ever show her how much he loved her.  This time, it was a stranger’s brown eyes he met. 

 

Helen Mickle smiled.  “Welcome back.  You’ve had us worried.”  Heath tried to speak, but she laid a gentle finger on his lips and hushed him.    She lifted his head and offered him water.  He drank greedily until coughing spasms racked his body.  She offered reassuring comments until he calmed.  “I’ll get your family.”

 

Heath wondered for a moment why they weren’t here already.  It wasn’t like them to leave him alone.  It was something he’d had to come to terms with and now anticipated.  He didn’t have enough time to consider further as sleep beckoned him to return. 

 

Victoria swished into the room and sat on the edge of the bed.  She reached out and stroked his cheek.  “Heath, darling?  Wake up.”

 

Heath drew in as deep a breath as possible and urged his heavy lids to open.  When he did, life was right.  There before his eyes, was Victoria Barkley.  She smiled and her grey eyes glittered with love.  He knew that look well, even groggy.  He choked out a hello and turned his head slightly as he sensed others present.  He smiled at his two siblings.  He immediately noticed Nick’s absence.  “Where’s Nick?”  It was a small, but powerful whisper.

 

Chapter Four

 

Shortly before the trial was to restart, Heath was left alone in the room.  Despite his weakened condition, the family hadn’t dared to sugar coat the situation.  The doctor had asked Heath if he wanted anything to help him sleep or relieve pain.  He had of course, rejected anything.  He knew given time, he would find the ultimate rest.  He’d sensed it too strongly to doubt it this time.

 

As he waited for sleep to claim him, he called up recent events.  Despite his body’s condition, it was all clear to him.  He and Nick had confronted Karl and insisted he let them help.  For a minute, it seemed as if they were getting through to him.  He admitted he had been trying to figure out what to do about Tim.  Nick had offered to adopt Tim should anything happen.  It was almost as if a switch had been turned in Karl’s head.  He turned abruptly and went to the barn.

 

He and Nick had followed him, even when he climbed to the loft.  The three men had stood in silence for some time.  Karl simply shuffled hay from one spot to another.  Nick had finally grabbed the rake from his hand and forced Karl to look at him. 

 

“Karl, did you or did you not call us here to take care of Tim when you’re gone?”

 

“I…  I… didn’t think of it at first, but your pa seemed like the only choice.  I want Tim to have this when he’s old enough.  I just need someone to get him there.”  Karl refused to face Nick’s intense gaze.

 

Heath’s mind was struggling to understand exactly what was going on.  “Karl, we’d be more than happy to help you and Tim.”

 

Nick was thinking like Jarrod at the moment.  “Is there anyone else we should notify?”

 

“No.”

 

“What about legal papers?  Have you had any drawn up?”  Nick could see that Karl’s mind was no longer working as fast as it once had.  He figured questions might draw out the whole picture.

 

“I wrote a letter to your other brother.”

 

Nick and Heath both exclaimed at the same time.  “Good.”  Heath continued.  “What about Roscoe?”

 

“Roscoe’s a no account drifter.   I don’t trust him at all.  We’ll need to find someone else to stay around here and watch over things.”  Karl’s mind was working fine now that he had finally accepted the truth and yet he seemed to also grow old and frail with the acceptance.  He pointed to the corner of the loft.  “There’s a box hidden under that corner with all the legal papers you’ll need.” 

 

Karl stepped back from them.  He began to ramble.  The troubled mind was back again. “You’re right.  You figured it out.  You did it.  You knew what I needed.  You’ll care for my boy.  No.  Roscoe gets nothing.  Ya know; I didn’t start feelin’ poorly until he came.  Maybe it’s just coincidence…  You figured all that out, Nick?”  His confusion was growing again and he became even more unbalanced.  He continued to move backward with staggering steps.

 

Nick and Heath both knew what was coming.  They exchanged quick, panicked glances.  They knew he was heading for trouble.  As Karl came dangerously close to the edge, Nick knew he would fall.  He lunged for Karl as his hands began to wave in the air.  Heath grabbed for Nick, who would also fall. 

 

Heath knew he would never forget the sound of Karl’s scream as he fell over the edge.  He had grabbed for Nick and pulled him back.  It was all he could do, of that he was sure.  They both righted themselves and stood stunned; staring at Karl’s broken body on the ground below them.  Tim had come shortly thereafter. 

 

Things were bad enough but then that fool, Roscoe had to come in.  He started shouting at Tim and hurling accusations around.  Tim had been devastated to find his grandfather, now he was becoming terrified.  He and Nick had quickly climbed down the ladder to try and control the situation.  Roscoe started ordering Tim to ride to town for help.  To emphasize his point, he grabbed a pitchfork and waved it in the general direction of Nick and Heath.  Neither man took the threat seriously enough to draw their guns.  Tim finally got up and ran toward the door. 

 

Nick and Heath assumed the whole mess would be straightened out when the law came.  They waited patiently.  The only mistake they made was allowing Roscoe to leave the barn when the sound of horses approaching was heard.  They assumed he had gone out to meet the law.  The brothers now knew he hadn’t.  He’d gone into the house and tried to destroy evidence, namely the letter to Jarrod.  When the sheriff found it, the title was missing. 

 

All three men and Tim were driven to town, and a rider was sent to fetch the judge.  Tim was taken to the doctor’s house to be comforted.  The three men gave their accounts of what happened. While Nick and Heath’s account matched, Roscoe’s was very different.  Roscoe painted the strangers out to be no account swindlers out to steal poor old Karl’s ranch.  Nick grew angrier and angrier as Roscoe’s story unveiled.  

 

When Roscoe had finished, the sheriff looked uncertainly at the Barkleys.  “I’m afraid you boys will have to spend some time in our jail until this mess is cleared up.”

 

“WHAT?”  Nick roared.  “You’re gonna believe the likes of him over us?”

 

Heath tried to calm his brother, but it wasn’t working and the sheriff drew his gun on them.  “He’s been in this town for some time now.  You haven’t.”

 

Heath tried some logic.  “Sheriff, what about Tim?  Shouldn’t you talk to Tim?  He knows us.”

 

“That boy just lost his whole world.  I’m not pushin’ him tonight.  I’m sure the judge will have something to say to him when he gets here.”  He pointed to the cell with his gun.  “Now, move.”

 

“Can you at least send someone to send a wire to our brother?  He’s a lawyer in San Francisco.”  Heath pleaded.

 

The sheriff raised an eyebrow.  “Why you figure you need some high powered city lawyer?  I thought you said you was innocent”

 

Nick angered again.  “Then why are you locking us up?”

 

“I ain’t sendin’ no one until we hear that the judge thinks we got us a case.” 

 

Heath pulled Nick into the cell and further back as the lock was turned into place.  He kept repeating to Nick that everything would be fine in the morning.  Inside, he knew he was repeating it, hoping to make it true.  That bad feeling from back in the parlor at home had once again returned, this time, with a vengeance.

 

The judge and a prosecutor by the name of Jamison arrived late the next morning.  An informal inquest was to be held at 1pm.  Heath sat on the cot and played with a fray on the blanket, while Nick paced the cell. 

 

“You figurin’ on wearing a hole in the cell for us to escape, big brother?”  Nick didn’t respond, but growled and paced even faster.

 

Nick and Heath were escorted to one of the saloons, which would serve as the courthouse.  They were seated behind a table.  They were both stunned to see the crowd of people who had gathered.  In a few minutes, Roscoe Brown escorted Tim into the court.  Nick glared.  Heath called to the sheriff.  “What is Tim doing with Roscoe?”

 

The sheriff looked at him as if he didn’t understand the question.  “What do you mean?  He took the boy home last night.  He lives at the ranch and all.  Someone had to care for the boy.”

 

Nick was too upset to dare speaking.  Heath continued.  “I thought he was staying at the doctor’s.”

 

The sheriff looked at Heath like he was dumb.  “Of course not.  The best place for him is in his own home.”

 

Heath’s head fell to the table in disbelief.  He was suddenly more worried than ever.

 

When all was said and done, Roscoe had used Tim to paint a picture of Barkley murder and deception.  Karl Hayes was depicted as a saint to the town and the town’s people were crying for blood.  The judge had no choice but to set a trial date and bind the brothers over to custody.

 

Nick couldn’t hold his temper.  “Dang it, your honor.  Can’t this at least wait until our lawyer can get here?’

 

The judge glared at Nick, angry at his outburst.  “The trial will begin when I can be here and that is precisely one week from today.  If your lawyer is here, fine.  If not, that’s fine too.”  He pounded his gavel on the bar and shouted.  “Court dismissed.”

 

The sheriff motioned to Nick and Heath to rise and prodded them through the crowd back to the jailhouse next door.  As they crossed the few steps to the jail’s door, a man in the crowd, the bartender they’d initially met, began chanting for a hanging.  Another shouted that the trial was a waste of time for these killers.  He called for an immediate lynching.  The brothers moved faster, hoping to find safety within their cell.  Neither could understand why the people were choosing to believe a man like Roscoe Brown over them.  Things did not look good. 

 

Heath succumbed to the weakness in his body and once again slept.

 

~ BV~

 

A few hours later, Doctor Stanley Mickle was in to check his patient.  He’d done this far more frequently than usual.  On that fateful day at the Hayes barn, he’d pronounced Karl Hayes dead.  He had no idea all this would be happening.  He felt the guilt and yet knew he was only doing his job.  He also knew Heath Barkley was going to need his help if he was going to live.  His expression grew more somber.  He’d tried to let the family know how bad Heath’s situation was.  He hadn’t seen enough miracles in his career to give the Barkley family any hope.  If anyone would survive this injury, Heath would.  That’s what each one of them had told him.  So he let them believe it.

 

Deep down, Dr. Mickle knew the truth.  He knew he needed to tell the Barkleys.  He wanted to.  He really did.  It went against every fiber of his being to withhold the truth from them.  He was a doctor.  He needed to remain a professional, remain emotionally detached.  The only one he had been completely honest with was his wife. 

 

There was no possible way Heath was going to live more than a few more days. 

 

Stanley removed the earpieces and glanced up to find dull blue eyes fixed on his.  “Afternoon, son.  You should be sleeping.”

 

Heath offered a small smile.  “Been doin’ a lot of that.  I suspect I’ll be doin’ a whole lot more soon.”

 

Any other doctor would have confirmed Heath’s suspicions.  He couldn’t do it and it filled him with even more guilt.  He couldn’t deny Heath the chance to live.  He didn’t know the man, but the scars on his body told him he’d been through enough pain in his young life already.  “I suppose there’s always a chance.”

 

Heath’s smile faded.  He’d never felt quite like this before.  He knew this time something was different.  “How good a chance, Doc?  I don’t know if you’re much of a bettin’ man.  Would you take these odds?”

 

Stanley looked away.  “You need rest.”  He started to move from Heath’s side.

 

Heath’s hand caught his.  “Do they know?”

 

“I…” Stanley tried to come up with an excuse.  He couldn’t.  “No.”

 

Chapter Five

 

Jarrod’s cross-examination had been relatively quick.  He’d begun by having Roscoe repeat his version of the events of that fateful day.  He had secretly hoped Roscoe would make a mistake, but he hadn’t.  The story was the same.  Next, Jarrod moved to attack his credibility.  “Mr. Brown, how long had you been at the Hayes ranch?”

 

“Couple years, I guess.”  Roscoe answered with a confident voice.

 

“A couple years?  You’re not sure?”

 

“I don’t recall the exact day I started workin’ there.” 

 

It was almost as if Roscoe was challenging him.  “Did you notice anything unusual about Karl Hayes?”

 

“He was startin’ to feel poorly the last couple months.  He was frettin’ a heap over the boy.”

 

“Tim?”  Jarrod asked. 

 

“That would be him.” 

 

“You claim Karl was thinking of making you guardian of Tim?”

 

“We’d talked about it.”

 

“Who suggested it?”  Jarrod was hoping for the right answer.

 

“I don’t recall.”

 

Jarrod was thrilled.  “You don’t remember who suggested you take over things?”

 

Roscoe seemed to realize he had made a mistake and squirmed just a bit.  “Karl and I talked a lot.”

 

“Did you know he planned to draw up papers with a lawyer?  He’d written a letter to the lawyer.”  Jarrod didn’t introduce the fact that the letter was to have been sent to him.  It was damaged enough that it couldn’t be proved.

 

“He might have mentioned it.”

 

Jarrod smiled.  “It was never out for you to see?”

 

Roscoe took a moment too long to answer the question.  “Nope.”

 

Jarrod glanced around the courtroom to judge the atmosphere.  “Mr. Brown, were you surprised at being asked to take care of Tim?”

 

“No.  We was becomin’ a family.  I care about the boy.”

 

“When’s his birthday?”  Jarrod’s question stunned Roscoe.  Jamison called for an objection.  The judge looked to Jarrod for a reason to allow the question.  “Your honor, if he was as close as he says he was, wouldn’t he know?”

 

The judge thought for a moment.  “I’ll allow it.”

 

Jarrod looked back to Roscoe.  “When is Tim’s birthday?”

 

“I don’t know.”

 

Jarrod looked to the jury and stated quietly.  “It’s July 15^th.  My brother’s had asked the first day they met him.”

 

“Um, well, that explains it.  Karl.  He gave me some time off last July.”

 

“I see.”  Jarrod walked to his desk and pretended to look through his notes.  He was trying to strain Roscoe’s nerves.  “How was Karl Hayes’ body when you entered the barn?”

 

“He was on the ground.”

 

Jarrod chuckled.  “Was he face up or face down on the ground?”

 

Roscoe seemed to think a moment.  “He was on his back.”

 

Jarrod stopped, as if the information had taken him by surprise.  It hadn’t.  “On his back?  As if he had fallen backward from the loft?”

 

Roscoe squirmed more.  “No.”

 

“No?”  Jarrod was feeling confident.  “But if Nick had pushed Karl, wouldn’t he have fallen face first?  Certainly Karl wouldn’t have watched someone push him over the edge without a struggle?”  Jarrod waited a split second for an objection but found none offered.

 

“I dunno.  I wasn’t there when he fell.”

 

“Earlier in the trial, the sheriff testified that there were no signs of struggle in the loft.  Did you see any?”

 

“No.  I already told you I didn’t see Nick Barkley push him.  I just know he did it.”

 

“Why?  Why would Nick Barkley kill Karl Hayes?”  Jarrod was pushing and knew he had just taken a risk. 

 

“Objection!  Your honor, this calls for speculation.”  Jamison wasn’t ready to lose this case. 

 

Jarrod was ready for the argument.  “Your honor, the prosecution’s entire case is based on this man’s testimony that Nick Barkley killed Karl Hayes even though he didn’t witness it.  We need to understand why.”

 

“Denied! Continue, Mr. Brown.”  The judge agreed.

 

“You expect this court to condemn a man to die because of what you think?”  Jarrod was feeling as confident as Jamison.

 

“That’s exactly the problem, isn’t it?”  Roscoe was enraged.  “You think I’m a no account drifter, so I ain’t worth nothing?  Well, Karl Hayes never treated me like that.  He respected me.  I came to him with nothing and he give me a job and a home, even a family.  He wanted me to have Tim, but the Barkleys just can’t handle that.  They’re so high…”

 

“OBJECTION!”

 

~ BV~

 

The doctor left Heath to process the news and hopefully, rest.  Heath did neither.  He moved ever so slightly to find a bit more comfort but instead found a horrific stab of pain across his chest.  The sight of the pitchfork protruding from his chest flashed before his eyes. 

 

Why had they tried to escape?

 

The days passed very slowly.  Each day the crowds outside the jail window grew just a bit bigger and a lot meaner.  Roscoe Brown was obviously out stirring things up.  It probably didn’t help to have nothing else going on in the town.  Both Heath and Nick worried about getting a fair trial.  If the torment of the crowds were enough, they’d heard nothing from Jarrod either.  It wasn’t like him.  The sheriff was now threatening to gag both men if they didn’t stop asking him about the wire. 

 

“He’ll either be here or not, now just be quiet and let me rest.”  The sheriff propped his feet on his desk and tipped his hat low over his face. 

 

Heath and Nick hadn’t dared speak about escape, but both had been thinking it.  Nick had already decided if the opportunity came, he’d take it.  It wouldn’t be too hard.  The taunting crowd was behind the jail.  All they had to do was make it across the front to the livery, steal some horses and ride faster than a posse.  Surely they could make it to a town where they could seek real justice.  Nick had developed his plan far more then Heath had.  When dinner was brought to them, two nights before the trial was to begin, Nick made his move.  He trusted Heath would fall into step beside him.

 

The sheriff didn’t bother looking up from his serial novel.  He merely tossed the young boy the keys to the cell when he brought the tray.  Nick couldn’t believe his luck.  As soon as the boy had opened the lock, Nick pulled the door open and grabbed the kid from behind as he picked up the tray.  Holding the boy’s mouth shut, he nodded to Heath to take out the sheriff.  Heath hesitated for a moment until he saw Nick’s eyes flash with anger.  He slipped passed his brother who held the boy and stepped softly behind the unaware sheriff.  Just as he was about to slam his fist into the sheriff’s neck, the man looked up at him.  Heath’s fist hit the sheriff’s jaw.  It wasn’t enough to make him unconscious, but it stunned him. 

 

They grabbed the arm chains and bound both the boy and sheriff and then stuffed gags in their mouths.  They didn’t harm either one, nor did they intend to.  They wanted only to slow their pursuers.  Their holsters were hanging on pegs, but their guns were nowhere to be seen.  Nick grabbed the first gun he saw, a shotgun and Heath checked the door.

 

Seeing a clear path, Nick went out the door first and Heath closely followed.  They gained confidence and speed as they raced to the livery.  Slipping in the door, Nick saw no one.  He ran to saddle two horses as Heath covered them with the shotgun.  Heath’s razor sharp ears detected a change in the distant crowd noises.  He whispered over his shoulder.  “I think we’ve been found.  Hurry.”

 

Nick hurried.  He was saddling the second horse and hadn’t noticed the shadow moving along the wall until it was too late.

 

Roscoe Brown enjoyed being the toast of the town.  Everyone was buying him drinks and congratulating him on catchin’ two murderin’ thieves.  He hadn’t made it past a stall in the livery that afternoon when the bartender had thrown him out.  He was slow, but the movement of the two men in the barn had stirred him.  He panicked when he first saw them, but then gained drunken confidence.  He moved very slowly and stayed close to the wall.  He crept along the shadows until he was close to the blond one by the door.  He was the one with the gun, the one to worry about.  

 

Nick looked up, just as Roscoe stepped behind Heath.  Hindsight screamed at him for what he did next.  If he hadn’t cried out to warn Heath, he wouldn’t have turned around and Roscoe wouldn’t have had the chance to plunge the pitchfork into his brother’s chest.  Nick knew he’d never forget the scream of anguish that erupted from Heath’s gasping lips as the tines sunk deeper into his body.  He also knew he’d never forget the sickening laugh that came from Brown’s mouth as he seemed to relish the act. 

 

Nick didn’t remember running across the livery or hurtling himself at Heath’s attacker.  He only remembered repeatedly punching the pathetic man.  It was only when his arms were pulled from behind that he stopped.  The sheriff and a few other men had found them and pulled him off of Brown.  Nick used inhuman strength to break free of their grasp.  He fell to the ground from his efforts and crawled to Heath’s bleeding body.  He pulled himself behind Heath and cradled his brother in his arms.  Over and over he whispered in his brother’s ear.  “I’m sorry.  Don’t leave me. I’m sorry.  Don’t leave me now, Heath.  Hang on.”

 

That was all Heath remembered until he woke in the doctor’s bed.

 

Chapter Six

 

The courtroom had exploded in such a fit of commotion; the Judge put the proceedings in recess for an hour.  Victoria and Audra ran quickly to stand behind Nick and Jarrod’s table. 

 

Victoria didn’t need to vocalize her question.  It was written all over her face.  Jarrod scanned the room and then nodded.  “Let’s not discuss things here.”  There were too many people around.

 

As he finished, the sheriff came to the group.  “Are you staying here or going back to the jail?”

 

Jarrod studied the lingering crowd and considered the streets.  “I don’t think we’ll make it back in just an hour.  Will you clear the room?”

 

In a show of surprise support, the sheriff complied and within a few minutes, he’d cleared the room and taken up a chair near the door, his gun resting on his lap.

 

The Barkleys waited in silence, which wasn’t easy for Nick, whose body simmered with the tension.  He finally exploded.  “That guy’s lying and I’m going to hang for it.”

 

Audra gasped.  “No, Nick.  You can’t stop like that.  Right, Jarrod?”  She looked to her eldest brother with the innocent eyes of a little girl who had complete faith in those around her. 

 

Jarrod swallowed and shook his head a bit.  “I wish I knew Princess.” 

 

Victoria added her own frustration.  “He twists everything.”

 

“And this town is buying it.”  Nick growled.  “What’s Jamison got against us?”

 

Jarrod was a bit stunned at Nick’s question.  He shook his head.  “I don’t know.  I believe I’ve run across him in passing.  I had no idea he was so vicious.  It does seem like he has a personal vendetta.”

 

Victoria raised an eyebrow.  “You didn’t defeat him in some way?”

 

Jarrod considered her question.  “I think he might have been a junior assistant on a case a few years back.  Land fraud, I believe.  I did win.”

 

Nick snorted.  “This just gets better and better.”  He slammed his fist on the table.  “If only we’d found the damn box.”

 

Audra and Victoria both perked up.  “What box?” They said simultaneously. 

 

Nick grumbled and left it for Jarrod to explain.  “Karl said there was a box with all his wishes.  He said it was in the loft, but we searched it and couldn’t find anything.”

“Oh no,” Audra moaned.  Her shoulders slumped.

 

“Can we win this?” Victoria asked.  Her eyes rested on her second son, whose own eyes met hers.

 

Jarrod drew in a deep breath.  He would never give up.  He knew his family wanted the truth and yet would also never give up.  “It’s going to depend on the closing arguments.  Anyone looking at the case with any logic will have to see there is no concrete evidence.”

 

They all nodded and lapsed into silence.  Nick broke it.  “You should go check in with Heath.”

 

Victoria checked her timepiece.  “We have time yet.”  She looked to Nick.  “What do you want us to tell him?”

 

Nick scowled.  “Nothing.  I want him to rest, not worry.”  He offered a fake laugh.  “Besides, big brother here is going to pour on the charm and bring this whole thing to an end.”  He finished his vote of confidence with one of his winning, toothy grins.

 

Victoria smiled at her son.  He’d even managed to make his eyes twinkle.  She watched how some of the tension left her daughter’s body in response.  Nick would always take care of his family.

 

Victoria touched his cheek with her hand and then leaned in to kiss the same spot.  “That’s right.”  She looked to Audra.  “Shall we?”

 

Audra briefly clenched Nick’s shoulder and then Jarrod’s arm before following her mother out of the courtroom saloon.

 

~ BV~

Heath was easily wakened for the visit from the Barkley women.  His voice quietly plied them for details on the trial, but they offered little. 

 

Audra smiled brightly.  “Jarrod is handling things, Heath.  There’s no need to worry.”

 

Victoria forced a smile to support her daughter’s bold statement.  “You need to rest.  As soon as this nonsense is over, we’ll get you on your feet and then home where you belong.”

 

Heath had no reply.  He squeezed his mother’s hand.  “Did they find the box?”

 

Victoria swallowed, but did her best to hide it.  She couldn’t lie on this topic or avoid the question.  It was too direct.  “No.”

 

Heath closed his eyes and rolled his head away for a moment.  A rumbling cough developed in his chest and took over his body.  Victoria immediately moved to comfort him while Audra went for the doctor.

 

When the fit had passed, Heath seemed to rest and the ladies departed.  The doctor stayed at Heath’s side checking him over.  As he stood to leave, Heath grabbed at his arm.  “Can you tell me how things are really going with the trial?”

 

Dr. Mickle paled.  The inner conflict which had started upon entering the barn continued to grow.  He fumbled for words.

 

Heath swallowed and drew as deep a breath as possible without causing another fit.  “You and I both know how this will end for me.  Don’t make the pain double for her.”

 

~ BV~

 

When the court again assembled, Jarrod continued to do his best to pick at Roscoe’s story.  Unfortunately, he had little luck. 

 

The judge banged on the bar top which served as his desk.  “This court will recess until tomorrow when closing arguments will be given.”

 

Once the streets had cleared, Nick was moved back to the jail.  His family crowded close.  Although he appreciated their presence, his heart was heavy.  He moved to the window and rested his forearms on the bars.  A platform had already been constructed and he knew full well a noose would follow.  He could read the jury as well as Jarrod.  One didn’t need legal training to read their minds.  “Can we appeal?”

 

Nick’s words hung in the air, numbing them all.  Finally, Jarrod replied.  “Of course.”  He sighed.  “I’ll have the papers ready to file.”

 

“No Jarrod.”  Audra wasn’t prepared to accept this defeat.  “We can win this.”

 

Victoria struck out her arm to comfort her daughter.  “Audra, we have to be prepared for every possibility.”

 

Audra slunk back, trying desperately to hold onto her hope.  “We should see Heath.” She whispered.

 

Jarrod nodded.  “An excellent idea, sister dear.”  He turned back to Nick.  “Don’t give up.  Like mother says, we’re prepared for all ends.”  He pushed a smile to his face.  “Eat your dinner, get a good night sleep, and prepare to be as charming as only you can be in the morning.”

 

Victoria smiled, and Audra stifled a giggle.  Nick’s expression went from outrage to good humor in a manner of seconds.

 

With a gentle shove, he pushed Jarrod toward the door.  “Get out of here.  Go see Heath.  Keep him going.  Tell him I’ll be there…” He lost his words.

 

They all succumbed to the numbness again and the three left.

 

After visiting an exhausted Heath, the trio had a quiet dinner the hotel manger’s wife brought to their rooms.  Jarrod’s advice to Nick rang through all their minds and they attempted to follow it.  Each was hoping to set the example for the others.

 

The following morning, Nick and Jarrod fought about his own testimony.

 

“Damn it, Jarrod.  They’ll believe me.  I’ll take the stand and tell ‘em what happened.” Nick argued vehemently.

 

Jarrod was hard pressed to hold his temper. “Nick, I’ve told you a thousand times already.  Jamison has managed to find a way to twist everything already.  If we put you up there it…”

 

Seeing the pain and frustration in his brother’s face, Nick stilled.  “I’ll hang for sure.”  He wiped his hand over his face and through his hair as he wandered across the cell.  He paused at the window where he could see the gallows.  “That’s the whole problem, isn’t it?  Jamison?  He’s got this whole town whipped into a frenzy.  He doesn’t care about the truth.”

 

Jarrod sighed.  “Don’t forget Roscoe.”

 

Nick swallowed.  “So, really… Our only hope is an appeal.”  He faced his brother.  “They’re going to find me guilty.”

 

Jarrod couldn’t do it.  As he peered into his younger brother’s face, all he could see was a once rambunctious boy who thought his father and big brother could do anything.  He’d already suffered the loss of his father, Jarrod couldn’t take away that look from him too.  “It’s not over Nick.”

 

Nick nodded.

 

~ BV~

Stanley and Helen Mickle knew that morning their lives would never be the same again.  They refrained from talking about it until late in the morning.

 

“You can’t do this, Stan.  He’ll…” Helen had pleaded and yet her words were empty.

 

“He has a strange way of convincing…”  Stanley shook his head.  “It’s wrong, and yet… I can’t help but be proud of the man.”

 

Helen could only nod.  Tears flooded her face. 

 

Stanley walked to her and held her chin.  “None of that.”  He kissed her cheek.  “I’ll help him.  You rest for a spell.  I don’t think we’ll be long.”

 

She nodded and then in a whisper added.  “I can’t live in this town any more.  What they’re doing… it’s…”

 

He swallowed hard and stepped out of the room.

 

~ BV~

The trial was called to order.  Jamison rested his case, as did Jarrod.  Jamison then moved for closing arguments, to which the judge agreed.

Nick and Jarrod exchanged glances, but neither could read the other’s face. 

Jamison went on about the facts were, as he and all the reasonable people in this town knew that all the money in the world couldn’t hide the truth.  The greed of the Barkley’s knew no end and when they found out an old family friend was dying, they moved to get his gold.

The tension in Nick’s body was palpable.  Jarrod had been able to object to a few of the outwardly slanderous comments, but for the most part, was lost to do more.  He instead focused his attentions on the jury, the jury of Nick’s peers who would determine his brother’s fate.  His keen mind could read their reactions and he knew there wasn’t much he could do.  Despite their best attempts to assemble a non-biased jury, they were ready to convict an outsider.  Even though Roscoe Brown had been one of the lowest dregs of their town, he was better than Nick at the moment.

Jamison finished and turned to face Jarrod.  The challenge was obvious in his expression and stance.  He knew full well he’d won.  Jarrod nodded to him cordially, as was expected in court.  No matter how dire or despicable the situation, he would retain an appropriate decorum.  He rose from his chair.

Before he could speak, a gasp came from the back of the room and spread forward through the crowd.  Nick and Jarrod turned at the same time, but the crowd, now having risen to their feet, obscured their view.   The both stretched to determine the commotion until Audra’s voice clearly exclaimed, “Heath!”

“What the hell?” Nick exclaimed.  He turned to Jarrod in confusion.  “Did you know about this?”

Jarrod was mute.  He shook his head.  He pointed back to the aisle, where the doctor was assisting their brother to the bench.  Heath stopped at their table and smiled.  His eyes glittered with optimism. 

“Heath, what the hell are you doing out of bed?” Nick roared.  He turned his focus on the doctor.  “And how can you be helping him?”

Mickle paled, but before he could speak, Heath ushered him away with a hand gesture.  “I’ve got it from here.”

Heath smiled at his brothers, ignoring the noise from the audience and the pounding of the judge’s gavel.  “I’ve got it from here, Jarrod.  You’ve done what you can; now I have to do what I can.”  His body faltered, but he leaned on the table and held himself up. 

Jarrod and Nick both longed to assist their brother, but something about his stance, his aura, warned them to leave him alone.  Both of their hearts beat overpoweringly in their chests wondering what would happen next.  They didn’t have to wait long.

“Your Honor.” Heath called to the judge.  “I have new testimony.”

As the judge banged his gavel even harder for control, Jamison sprang from his seat and shouted, “Objection!”

When the room had finally fallen into silence, the judge spoke.  “What is it you wanted to say?”  He looked directly at Heath.

Heath’s hand trembled as he held onto the edge of the table for support.  He wasn’t about to falter, but he hoped things moved quickly.  He didn’t know how long he had in him to stay standing, much less sit in the witness chair as he hoped to do.  “I need to testify in this case.  I was there.”

The judge nodded.  If he was going to answer immediately, he was cut off by Jamison.  “Objection, your honor!  This man is the defendant’s brother.  It’s obvious what he’ll say.  Both sides have already rested their cases.  It’s my understanding Mr. Barkley has been conscious for some time now and this is the first they’ve trotted him out?  It’s a trick.  I urge your honor not to fall for it.”

The crowd murmured in agreement with the prosecutor’s logic.  They were silenced by a glare from the judge.  “What do you have to say for yourself, Mr. Barkley?”

Heath swallowed.  “I think you need to hear what I have to say.”

The judge considered the unusual situation.  “I’ll allow it.”  Before Jamison could cry out again, he looked directly at him.  “You’ll have ample opportunity to cross examine him.  A man’s life is in the balance.  We owe him the benefit of every witness.”

Jamison scowled and sank into his chair, as did Jarrod and Nick finally as well.

The judge indicated the witness chair.  Heath drew in a deep breath, willed all the strength he had to his legs and walked slowly forward.  The seconds ticked by in agony, and the walk seemed miles long, but finally he fell into the chair.

It was obvious to all in the room the struggle Heath endured to be present.  Even Jamison seemed effected by the man’s determination.  The judge ordered water for Heath, who graciously accepted it and drank deeply before a coughing fit overwhelmed him.

“Mr. Barkley, I’m more than willing to recess this trial until you’re feeling up to testifying.” 

Heath listened to the offer and couldn’t help but notice Jamison squirm.  He grinned slightly.  “No, thank you, sir.  I’m not sure that would be in anyone’s best interest.”

The judge nodded.  “Then continue when you’re ready.”

Heath nodded.  “We were up on the loft and Karl was confused and frustrated…”

Jamison had held his tongue too long in his mind, he jumped up again.  “Objection.”

The judge all but rolled his eyes.  “Over ruled.  The man gets a chance to speak his mind.”

Jamison’s scowl deepened. 

Heath swallowed again and sucked in a deep breath.  “Nick didn’t kill Karl.”  He coughed a few times.  “I…  I did.”

The courtroom exploded in noise.  The judge banged his gavel.  Jamison cried out in protest.  Amidst the chaos, four Barkleys stared in disbelief and speechless shock at the fifth on the witness stand.  All of their mouths moving without sound as they formed the word, no.

Chapter Seven

His words spoken, Heath slid from his chair into a boneless heap on the floor.  His brothers were quickly at his side, followed by his mother and sister.  The doctor fought his way through.  “We need to get him back in bed.”  He glanced around to see about getting some help through the crowd.

Jamison, the judge and the sheriff all hovered on the perimeter.  Jamison spoke first.  “Take him to the jail.”

All eyes in the group went immediately to him.  “What?” Several voices cried out. 

Jamison continued.  “I’m not stupid enough to believe you’re going to continue to hold this one,” he pointed at Nick.  “So now that he’s confessed, he goes to jail.”

The sheriff hesitated and looked to the judge for guidance.  The judge looked to the doctor.  “How is he?”

The doctor, who had proceeded to check Heath’s vitals, removed his stethoscope.  “He doesn’t have long.”

Audra gasped and burst into tears.  Victoria’s arms went immediately around her daughter, but she wasn’t sure she offered any comfort.  The pain of the pronouncement tensed her own body. 

“That’s not true.” Nick demanded.

Jarrod reached out to calm his brother.

The doctor shook his head.  “He knew… He’s known.  There’s just too much damage.  His lungs are filling and…” 

The judge looked directly at Jamison.  “This family has suffered enough.  Take him back to the doctor’s house.  Let him die in peace with his family.”

“Your HONOR!  This is an outrage.  The man is a confessed killer, not some hero.”  Jamison was turning red.

Roy Lehrer had been a judge for many years.  He’d sadly seen more than one kangaroo court like this one.  He’d known all along the game Jamison was playing.  He was out to build a name for himself.  He’d long ago stopped believing in justice.  Jamison might try and make waves for the decision he’d just made, but he didn’t care.  There were times you simply had to do the right thing.

“This case is closed.”  He looked to the doctor.  “Take care of him.”

~ BV~

With Victoria’s help, Helen Mickle kept the family at bay while the doctor checked Heath over and resettled him.  Nick paced, not even acknowledging his first moments of freedom. 

“I need to be in there!  He needs me… us!” Nick demanded and made for the door.

Victoria slipped in just in time to thwart his attempt.  She held her hands out and rested them on his chest.  “Nick!  We all want to be there, but the doctor will be with us as soon as he can.  You have to be patient.”

If the situation were any less dire, Nick or anyone else in the room might have laughed at the suggestion.  Nick felt no humor.  “Do you realize what he did?  What he said?”

She nodded.  “He saved your life.”  Victoria’s simple statement was laden with emotion, which threatened to overflow from her.  Her body trembled at the effort to control them. “None of us is happy about this, but we can’t take it back.”  She swallowed and steadied her nerves.  “Nothing else matters but Heath at the moment.”

“If he survives this, they’ll hang him.” Nick’s voice was low, almost like a growl. 

Jarrod jumped in.  “He’ll still need a trial, Nick.  We can clarify things then.  He bought us time.”

“With his life!” Nick shouted.

Before anyone could move to calm Nick further, the door opened and Doctor Mickle slid through.  His face was sober.  He faced them and drew in a deep breath.  “I…  You can see him now, but…”

“What is it?” Victoria pressed.  “You have to tell us everything.”

The doctor lowered his eyes, unable to meet those before him.  “He doesn’t have long, a few hours at best.”

Jarrod closed his eyes and let the information wash over him.  His heart ached and for the first time, he felt the desire to run from the situation as if that would make it go away.  Instead, he pushed for more information, as was his nature.  “Does he know?”

Mickle nodded.  “He’s known for days.  There’s… There was too much damage, including his heart.”

“That’s why he made the statement in court?” Nick asked, abnormally quietly. 

Mickle again nodded.  “I swear to you.  I tried to talk him out of it.”  He fumbled for his words.  “I… He’s so persuasive... and stubborn.” 

Jarrod couldn’t stop the chuckle from escaping his throat.  When Nick glared at him, he stood his ground.  “Nick, our little brother is nothing, if not convincing.  How many times have you fallen for his lines?”  He sobered.  “There was nothing Doctor Mickle could do once Heath had his mind made up.”  He scanned his family’s faces.  “We all know that.”

Victoria knew they were wasting precious time.  She also knew Nick hadn’t seen his brother in far too long.  They’d come too far together for this to end well for her headstrong son.  She moved closer to him and rested her hand on his back.  “Why don’t you see him first.”

“Moth…” A sharp glare from Jarrod stopped Audra in her tracks. 

Nick didn’t wait and slipped through the door. 

Audra’s eyes welled with tears.  “But what if…”  Her emotions choked off the rest of her words, but she didn’t need to say more.

Victoria shook her head as she gazed at her eldest and her only daughter.  “He won’t.  He won’t give up until he’s said…”  She groaned and willed her strength to finish her words.  “said good-bye.”

Jarrod pulled his mother and sister into his arms, unsure if it was for their benefit or his own.

~ BV~

Nick entered the room quickly, but stopped in his tracks as soon as the door closed.  Heath lay in the bed before him, but it wasn’t the healthy, vivacious brother with whom he’d come to Kennedy.  Heath was pale and he seemed to have shriveled away to nothing.  Nick might have suspected his brother had already crossed over if it weren’t for the infrequent rasping breaths that came weakly from his chest. 

Heath’s eyes popped open.  They glittered with moisture, but he would never let his family think it was anything other than his love for them.  He ignored the pain and focused on them.  His heart swelled to know they would truly grieve his death.  There was a time in his life when no one would have.  He’d come a long way. 

He forced a smile to his lips.  “Boy howdy, Nick.  It’s good to see you.”

Whereas his brother’s smile would have once moved him to joy, now it struck rage within him.  “Do you know what the hell you just did?”

Heath squirmed from the vehemence of Nick’s glare.  “I was hoping… I ended this fiasco and… saved your life.”  Speaking was proving harder than he’d expected.

Nick’s whole body trembled with the pent up pain of his emotions.  “You told them you killed him.  Why would you lie?”

“Is it really so hard… to see why?  You would have done the same for me.”  Heath sighed and tried for a deep breath.  The result was a coughing fit which sent his brother to his side.  After a quick sip of water, he tried the breath again, but more slowly.  “We both know this was one of them…”  He breathed again.  “Kanagroo courts.”  Heath closed his eyes and drew in another slow breath, as long as possible.  “They wanted you guilty.”  He coughed again, this time drawing up blood, which Nick ignored as he wiped the precious liquid away.  “I woke to them hammerin’ on the gallows, Nick.”  He quieted again and closed his eyes.

Nick could find no words.  He was curled around his brother’s upper body.  He could feel the weakness in Heath’s body and his mind screamed the truth at his heart, which refused to concede.  “No…”

Heath, realizing what Nick thought had happened, opened his eyes immediately.  “Nick, I’m not getting through this.  There was no need for us both…”  He smiled.  “Look at me… there isn’t a gallow, lie or slander that can… touch me now.  You all gave me that.”

Nick sucked in his lower lip.  His heart pounded in his chest.  “You have to quit talkin’ like this.  You just need more time.  We’re all here.  We’ll get you through this.”

Heath looked away and then turned his head in such a way as to see Nick.  “Don’t do this Nick.  You… You need to be strong for them.  If you… Well, it won’t help them at all.  Take what I offer… It’s the least I can do…”  Heath pleaded with his eyes.  He meant what he’d said.  If Nick didn’t come to accept the situation, the family might just lose him as well.  He closed his eyes wondering at what vengeance his brother might inflict on the town. 

Nick spit out through gritted teeth.  “This is my fault.  I wanted to escape.”

“I could have stayed.  I can say no to ya.”  He grinned at his older brother, so obviously laden with guilt.  “It wasn’t your fault.”

For his brother’s sake, Nick agreed to drop the argument.  He knew he’d never get Heath to place the blame where it belonged and also knew he’d never forgive himself.  “You ask too much.”

Heath chuckled softly.  “It seems I always do.”  He smiled.  “Wasn’t I the one who charged in and demanded a name?”

Nick’s eyes watered as he thought back to that night, which seemed so long ago and yet now, was terrifyingly too recent.  “You earned it.”

“Thanks to you.”

A coughing fit broke through the wall of emotion and lasted several minutes.  As Nick held his brother, his heart finally accepted his brother’s reality.  Heath was dying.

Once Heath had settled, Nick slipped from his brother’s bed and went to the door.  He stood at it and willed his lungs to breath in a regular manner.  He glanced back to Heath, who offered him a feeble smile and nodded.  He pulled the door open and beckoned his family into the room, knowing they would be making their good-byes.

~ BV~

There weren’t many words spoken.  Heath lay surrounded and ensconced by the love and protection of his family.  He had neither the time nor the energy to speak to each individually.  What words he could muster were ones of love, gratitude and appreciation.  He also added an apology.  “I never meant to cause harm to the name Barkley more than I already did.  I hope… knowing it isn’t true… I hope that will help some.”

After one last look at his family, he closed his eyes for the last time late in the night.

~ BV~

Audra had sunk into silence during their travels home.  Although Dr. Mickle had offered them a private spot on some land they owned outside of town, the Barkleys were going to bring Heath home.

“It’s too long a journey,” the Sheriff had argued. 

None would listen.  Jarrod and Nick loaded the simple pine box on the back of a wagon and the quartet began the long journey home.  They determined a day’s travel by wagon would get them to a train spur. 

There was a small hotel in the town where they would catch the train in the morning, but they opted to make camp instead.  While Victoria and Nick busied themselves with assembling the camp, Jarrod caught Audra lingering around the coffin. 

“Princess?” He approached her slowly and reached out to touch her arm.  “You ok?”

The blue of her eyes was amplified by the tears which filled her eyes and rolled down her face.  “How could he do it?”

Jarrod swallowed.  “We’ve been over this, Audra.  It saved Nick’s life.”

Her lips pursed and then trembled before she replied.  “But people will think he’s a murderer.”

Jarrod nodded.  “How many people do you think will actually believe Heath Barkley was capable of cold blooded murder for money?”

Audra wiped at her tears and tried to stiffen her resolve.  “No one who knows him.” She whispered. “But what about…”

“People have spoken ill about Heath since the day he came to the Valley.  I suppose they always will.  It’s never mattered before, I don’t suppose it should matter now.”

“But before he always had the chance to prove them wrong.”

Jarrod chuckled.  “He did have a way of doing that didn’t he?”  His mind began to tick off the names of people who’d come to respect his brother.  His smile broadened.  “Now, it’s up to us to make sure his memory lives on.”

Audra choked up anew.  “How?”

He captured her chin and raised it.  “Live like he taught us.  Don’t let them win.”

Audra collapsed into her eldest brother’s chest and he held her until her tears were spent.  When her body had relaxed, he pulled slightly back.  “I bet Mother could use some help.”

She swallowed and nodded.  She began to step away and then stopped.  “He really did change us, didn’t he?”  Before Jarrod could reply, she went on.  “He’ll always be with us, really.  I keep hearing his voice and can see his face and reactions in my mind.”  She braved a smile through her residual tears.  “That will always be there, right?”

Jarrod’s own emotions got the best of him.  He willed his eyes to hold back his own tears until Audra was gone.  “Always.” He managed to choke out.

Epilogue

As they all suspected and Audra had voiced, word spread quickly concerning the death of Heath Barkley.  Despite the rumors and gossip being spread, there was a large turnout for the memorial service. 

Heath was buried next to his father.

Nick lingered at Heath’s grave when the others had left.  He couldn’t will himself to join them and make small talk about how wonderful his brother had been.  Moisture pressed at his eyes and his heart was heavy.  He didn’t notice the petite hand on his arm at first.

“I miss him too.”

Nick blinked furiously at the water in his eyes.  “It isn’t right.”

Victoria Barkley knew her son wasn’t good at expressing painful emotions.  He was always better with anger.  Hurt was something he seldom acknowledged.  “No, it’s not.”

“It should’ve been me.” He whispered.

She shook her head.  “Heath didn’t think so.”  She sighed.  “Remember what he told you?  There wasn’t anyone that could hurt him now.”  She tightened her grip on his arm.  “He wouldn’t want you doing this to yourself.”

Nick’s eyes were dark with emotion.  “How many of these so called mourners were here to gawk and jeer his name behind our backs?”

Victoria considered her son’s question a few moments.  “None, I think they were all genuinely touched by Heath’s grace, like us.”

Nick turned on her.  “You don’t think they’re out their spreading that lie about his death?  Smearing his name?”

She moved her hand to his face and gently stroked his cheek as she had when he was much younger.  “Maybe, but it wouldn’t be the first time the Barkley name has been slandered.”

Nick swallowed hard, choking off his emotions.  “It never cost us so much before.”

Victoria’s eyes flickered with the intensity of the comment and her body shivered at the truth.  She struggled to find her voice.  “No, never…  such… a cost.”  She collapsed against her son, who sought his own comfort by enveloping her with his arms and together they grieved.

~ BV~

Nick returned home late one afternoon sporting a blackened eye.  It had been nearly three months since the family’s return from Kennedy.  Victoria and Jarrod had gathered for a drink before dinner.  Audra had been sent on a trip to San Francisco in an attempt to raise her spirits.  They were attempting to return to life as normal, despite the obvious hole in all the hearts. 

Jarrod, seeing an opportunity to inject a moment of levity long absent in their evenings, didn’t hold back.  “Well, brother dear, I hope the other party has two blackened eyes to match your one.”

Nick simply growled and poured himself a drink. 

Victoria smiled at Jarrod’s attempt and made one of her own.  “I think that was your brother’s way of asking what happened.”

Nick turned to her.  With powerful venom, he launched into his explanation.  “It was that idiot, Haskin’s foreman… He…” His words lost their edge.  “He made some snide remark about Heath.”

Victoria nodded.  “Many things have been said, but it seems you felt what he said warranted a fight?”

“No…” He growled.  The fight came back into his words as he recalled the events.  “Just the same typical stuff.”

“Why was it different then?  Because of whom it was?” Jarrod offered.

Nick shook his head and then blushed ever so slightly.  “Usually…”  He coughed to clear his throat and rocked a bit on his boots.  “Usually, when I get ticked off, I think about what Heath would want me to do.”

Victoria and Jarrod exchanged knowing glances and waited for Nick to continue.

“This time…  Well…”

Jarrod summarized.  “You decided to think like yourself instead?”

Nick laughed.  “No… This time, I heard Heath cheering me on!”  He watched the mildly shocked expressions on his mother and brother and quickly added.  “It’s not like he always turned the other cheek.  He got in a few good licks in his day!”

Victoria smiled and Jarrod chuckled.  “That he did.”

~ BV~

The following morning, Jarrod prepared to head to town to do some work.  Nick was going to ride with him.  As they bid farewell to their mother, a knock came at the door.

Victoria skirted around her sons and opened the door to reveal the Mickles and a young guest, Tim Hayes. 

“Nick!”  The boy skirted around Victoria and ran for Nick, throwing his arms around him.  “I’ve missed you.” 

Nick welcomed the embrace and after a moment, pulled back.  “Let me see how you’ve grown.” He studied the young blond boy and was again reminded of his now dead brother.  “I think you’ve grown a foot.”

Tim giggled.  “No, but I’m trying.” 

Victoria welcomed the Mickles into the parlor.  “What do we owe the honor of your visit?”

Stanley frowned.  “We’re moving to San Francisco.  I’ve taken a job at a hospital there.”

“And I’m moving with them!” Tim quickly added.  “They say I can live with ‘em forever.”

Nick pulled the boy into a hug.  “That’s great, Tim.  But… But what about your grandpa’s place?”

Before anyone could answer, Victoria ushered everyone to a seat and started handing out drinks.  Once everyone had refreshment Mickle explained.  “We’ve got a man, not Roscoe, running the place.  They did find a small gold strike.  It’s in good care and he’ll keep in regular contact with us.”

Nick raised a skeptical eye.  Mickle read his thoughts.  “That’s another of the reasons for our visit.  We’re hoping you would advise us on Tim’s behalf… You see…”  He set down his glass and reached into his pocket.  “We did find the box Karl spoke of.”

“It wasn’t in the barn.  It was under my bed!” Tim interjected. 

The Barkleys nodded, understanding the momentousness of the information. 

“You can see why we wanted to come and see you in person.  The sheriff offered to send a wire, but…”

“Thank you for going to the effort.” Victoria said calmly.  “I assume it confirms the truth?”

Both Mickels nodded.

“What about Roscoe?” Jarrod asked.  “Is he still working on the ranch?  Were charges filed?”

“He drank himself to oblivion for weeks and then, well… he just disappeared.”  Helen Mickle made her first contribution to the story.  “I don’t know if he even knows about the proof.”

“There’s a warrant out for his arrest.” Mickle added.

Nick turned to Jarrod.  “Maybe we should get some people on that.”

Jarrod nodded in agreement. 

“Your son… he was so brave.”  Helen Mickle’s voice was quiet.  “What he did… It was…”

There weren’t adequate words for the situation, so Victoria merely thanked her. 

Stanley Mickle knew he didn’t have much to offer the family.  “I wish we had some concrete proof to offer you.  His name has been cleared.   The sheriff agrees.”

“Too bad it’s too late.”  Nick growled, the anger welling within him.  If only they’d had the time to let things resolve.  If only he hadn’t… He cut off his thoughts.  Reminding himself of their escape attempt, which had been his idea, was too much for his frayed nerves.  It was the least he could do for Heath.  “Heath went to his grave without his good name… a name he fought hard for.”

Silas, who had brought a tray of cookies in, stood quietly off to the side.  Hearing Nick’s agony, he boldly stepped in.  “We all knows he was a hero in every way, Mr. Nick.  Ain’t no one who knows him gonna ever doubt that.”

“It’s not enough.” Nick grumbled and rose to stand near the fireplace.

Silas bravely pushed on. “I thinks Mr. Heath done what he did because he loved dis family.  He was a man of great courage and most of all, loyalty.  He saw things clear enough and did what had to be done to save the ones he loved.  There’s no shame in that.”

Victoria moved to stand behind Nick.  “Silas is right, Nick.  And none of us will ever forget it… Never.”

~ BV~

Nick strode across the wooden planks toward his brother’s office.  Jarrod had been in San Francisco hiring Pinkerton’s to track down Brown.  Nick was eager to find out what he might have learned already and they’d planned to meet for lunch. 

Jarrod was just stepping out the door.  “Hello, Brother.”

“What did you learn?” Nick barked.

Jarrod expected no less from his impatient brother, but as always, refused to give in.  “Yes, I had a good trip and no, Audra isn’t ready to leave the shops yet.  She has filled my home with her newest odds and ends.  I think we’ll have to add an addition to fit them all when she gets home.”

Nick scowled and shifted on his feet.  He lowered his voice and grumbled.  “Welcome back, Jarrod.  How was your trip and how’s our dear sister?”  He paused a moment and then continued.  “Do you have any new information on Roscoe?”

Jarrod smiled and wrapped his hand around his brother’s shoulders.  “No, it’s too early, but I’ll tell you all about it at lunch.”  He stopped, looked at his brother conspiratorially and asked.  “You are buying, right?”

Nick growled.  “If it will get you to the story.”

The two men continued on their way to the Cattleman’s Club.  Jarrod told Nick what he’d learned so far.  It seemed Jamison was called into question for his behavior and fired.

“Great, someone else with an axe to grind against the Barkleys.” Nick grumbled.

Jarrod bit his tongue to keep from replying.

“How about that Judge?  He was just as bad.” Nick asked.

Jarrod sighed.  “He let things go a bit far, but he didn’t technically do anything wrong.  I suspect he’s learned a lesson.”

“Good!” Nick barked.  “For what that’s worth.”

As they passed the doorway of a local bar, a commotion caught Nick’s ear and he paused, holding up his arm to stop Jarrod as well.  He looked in the door and paled.  “Get the sheriff.”  His voice was a low growl.

Jarrod followed Nick’s glare and saw the reason for his brother’s order.  Roscoe Brown was at the bar, surrounded by men.  It was clear, even from across the room, he was spreading his filth.

Nick moved forward, but Jarrod caught his arm.  “Let the law handle it, Nick.  We have the proof.”

Nick pulled his arm.  “The sooner you get the sheriff, the less chance I have of killing him.”  His voice was dark and intense.  “I’d hurry if I were you.”

“Nick!” Jarrod persisted, but Nick had already stepped into the room. 

Jarrod looked around for assistance.  Seeing no one, he crossed the street and grabbed the first person he knew.  “Go and bring the sheriff.”  He pointed to the bar, where it was obvious a fight had already begun.  He turned quickly back and made his way to his brother’s side.

~ BV~

Nick entered the bar and the room immediately lapsed into silence. 

Roscoe, staggering from the attention and liquor, straightened his back.  “Nick Barkley, murderer.”  He gestured his glass around the room.  “Do you know that?  The glorious Barkleys are nothing less than common murdering thugs.”

“Shut your mouth, Brown.” Nick ordered. His eyes were narrow and intent on only one thing.  “We can do this the easy way or the hard way, either way, this ends now.”

Roscoe laughed.  “You can’t tell me what to do.  If you and your murdering brother hadn’t messed my life up, I wouldn’t be here.  I decided to make sure the world knew all about your… dear… brother.”  He swallowed the last of his drink and grinned.  “He was a bastard too, right?  We should have expected as…”

He didn’t finish his statement.  Nick had already swept in and thrown the first punch.  Roscoe attempted a few retorts of his own, but Nick’s fury had been released and he fought non-stop. 

“Nick!  NICK!”  Jarrod grabbed at his brother’s arm, knowing full well Nick was out of his mind and was liable to kill the man.  He’d never really been able to best Nick in a purely physical battle, but he knew this once, it was the only way to save him.  He boldly launched himself at Nick anew and wrestled with all his might.

“Get off me Jarrod!”  Nick knew none of the other men present would have dared interfere.  He recognized his brother’s arms trying to pull him back and tangling his arms.

“Killing him won’t bring Heath back!”  Jarrod was able to maintain enough distraction for the Sheriff to arrive.  He and his deputies broke up the battle and pulled the participants apart.  Jarrod took a few gulping breaths and pointed to Roscoe.  “You’ll find a warrant out for his arrest.”

“WHAT?” Roscoe was bent over the bar for support.  “He’s lying.”

“I’m afraid not.”  Jarrod straightened his back, while still keeping an arm on Nick.  “They found the box, proof of Nick and Heath’s story.”

Roscoe panicked.  “No, it ain’t true.  They’s lying.”  He glanced around the growing crowd.  “You all know!  They’s nothing but a bunch of murdering thieves.”

Many in the crowd looked down to the floor and slipped away. 

“Come on,” the sheriff ordered.  He gestured to a deputy to pat the man down for weapons.  “You’ll have plenty of time to see the sworn out complaints in a jail cell.” 

Brown began to squirm from his captors and a packet fell out of his vest pocket.  The deputy also removed a knife.  The sheriff bent to retrieve the pouch and absentmindedly opened it.  “What’s this?” 

Jarrod stepped closer.  The pouch was filled with a white, powdery substance.  Jarrod dipped a finger into it, tasted it and promptly spit it out. 

Sense was returning to Nick.  “What is it?”

Jarrod stared at Roscoe and then looked to the sheriff.  “I’m no expert, but I think that’s arsenic.”

The sheriff scowled.  “Why does a man carry arsenic around in a pouch?”

Jarrod and Nick exchanged knowing glances.  “I’d certainly check with a doctor on the symptoms of arsenic poisoning.  Maybe, just maybe, Karl Hayes was sick for a reason other than nature.”

Roscoe was hauled off, kicking and screaming the whole way.

Jarrod pulled Nick out of the bar and back to his office, where he shoved a drink into his brother’s hand.  “Drink.”

Nick did as ordered with no fight.

Jarrod poured a second drink for Nick and one for himself as well.  He sank onto the side table and sighed.  “So, it’s finally over.”

Nick looked plainly at his older brother.  “Why doesn’t it hurt less?”

“Because Heath is still gone.”

~ BV~

Nick sat by the fire later that night and reread the letter yet again.  Helen Mickle had given it to the family when Heath died, as he’d asked her.  It was in her hand, as Heath had been too weak.  She insisted she’d written it exactly as he’d requested.

There was no doubt in the family’s mind as to who would possess the precious document.

My dear family,

I know what I’ve done won’t make a whole lot of sense to you.  There is no way I can ever repay you for the life you’ve given me and the love you have shown me.  I wouldn’t even try.  I never really expected much and what I could get I expected to fight tooth and nail for.  I never expected anything to be willingly given.

I thought all I ever wanted was a name that could be respected.  You’ve shown me the name comes with the family.  They are intertwined and can’t be separated.  That very fact gives me the strength to do what I’m about to do.  It is the least I can do.  It has been my honor to be a part of this family. 

I’m sorry that in the end, I will bring shame to the name.  I hope I wore it with enough honor that you can forgive me this last smear.

All my love and gratitude,

Heath Barkley

Nick traced his finger along the signature.  It was the only part of the letter which was Heath’s own hand.  Heath had insisted.  He let the letter drop to his lap and drank the contents of his glass.

He spoke softly to the night.  “Yes, Heath.  It is that hard.  I never thought anything would be harder than our father’s death.  But for you…” 

His words ended, but his thoughts went on.  For you, I will make sure Tim is safe and loved and… I’ll think of you daily… I’ll try and look for the simple things and appreciate what I have…, like you taught me…  and live for us both.