September, 2011

 
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Issue #24



All The Tales

Indian Agent
by Gary Ives

Amos Merriweather's assignment as Badger Creek Indian Agent was a reward. As a Cavalry Captain at the Battle of Yellow Tavern he had rescued a dismounted major who some said was no more a thrown rider than a pumpkin and actually was a panicked runaway heading off the battlefield lickety split for the tall cotton. But Amos had intervened. He'd seen plenty of men cut and run, most of them good men, and if the major had had a lapse of courage, well, so what. The war was craziness. Let it go. His written report, eventually reaching General Sherman, even earned the Major accolades and a promotion. Now ten years after the war that major was a United States Congressman with higher political ambitions. The congressman's vague notion that Amos Merriweather's knowledge could damage his future led him to seek out Merriweather with the aim get him as far from his congressional district as possible.

Since the end of the war Merriweather had run the livery stable in St. Joseph that he'd inherited from his father, barely managing to keep it afloat. How he hated dealing with customers, generally city men who'd never owned a horse, who didn't know how to saddle, ride, hitch or in any way properly tend a mount much less a wagon or trap. But, oh, didn't they know how to piss and moan and how to try to whittle down a bill. Horses he knew — business he didn't. The appointment, the congressman assured him, was his to assign. Merriweather considered the congressman's offer manna from heaven and asked no questions.

"A $2,000 salary as Indian Agent and another $1,000 as U.S. Marshal. Plus a budget of $5,000 to take care of your redskins. You're a natural for this. These Injuns, they're pretty much pacified since they got their asses kicked back in '62 in The Dakota War… Hand out a few blankets and barrels of flour and keep 'em off the whiskey trail . . . that's 'bout it. You'd be a fool not to jump at this, Merriweather." He agreed and in two weeks received his appointment. He turned the livery stable to his brother and headed west with his bay mare and a string four pack horses.

Far beyond handing out blankets, his written commission detailed responsibilities "to maintain law and order, to establish schools that would educate the savage in agriculture, and to take all steps to civilize various heathen nations within his administrative confines."

The Station at Badger Creek had been originally built by the army during the war to establish stronger American presence in Sioux territory after the Indian uprising in Wisconsin. Afterwards it served as a horse buying post. Merriweather arrived in May and relieved the last military Indian Agent and to begin administration of his various heathen nations.

The captain he relieved advised him where and when to look for the French Canadian drummer who regularly came through to trade whiskey with the tribes. "Arrest that whiskey sellin' rascal and your job will be a hell of a lot easier. The good Lord knows I've had my bellyful of drunken injuns. Good luck, Merriweather." Perhaps because Merriweather had been a captain himself, or maybe because they just didn't care to dismantle and load them, the blacksmith forge, anvils, and other heavy tools were left behind.

A month later Merriweather struck a secret deal with Pardieu, the trader, which allowed Pardieu access to the tribes in return for a steady supply of whiskey for himself and the caveat that he not cheat the tribes and that he provide intelligence to Merriweather. He told Pardieu, "I don't give a damn how drunk they get or what they do to each other as long as they don't mess with the settlers or the emigrants. Your trade with 'em, as long as it's square, and my blankets and flour are gonna help keep 'em happy." He'd asked him to arrange a powwow with the principal chiefs. Pardieu, who had fretted about the arrival of a civilian Indian Agent, was relieved. While Merriweather had little knowledge of the Sioux or other tribes, it was clear he wasn't stupid. The Sioux chiefs would want to know everything about Merriweather. This placed Pardieu in an ideal position. And that night he gave thanks to the Virgin Mother for delivering Merriweather to Badger Creek.

The powwow, held the next month, lasted several days and nights. Pardieu and Merriweather feasted at a Hunkpapa summer camp on Elk Creek. Much whiskey, dancing and gift giving preceded a rash of promises from both sides and Merriweather returned to his station with a sixteen-year-old Cheyenne captive and adopted daughter of old Crow Face, a generous Hunkpapa chief.

For Merriweather, things couldn't have begun better. Keya, the girl, was a blessing not only to Merriweather's bed but to the station in general. Fluent in Sioux and Cheyenne, she could communicate roughly in Comanche and French also. English came smoothly to her and she had a knack for teaching Merriweather Sioux. The Station had a capable interpreter and was maintained as neat as a military post but with better cooking. Keya appreciated Merriweather's sense of humor and his whiskey and they became close. Whenever Pardieu came through he spent a couple of days at Merriweather's station. Pardieu's wife was Sioux and Mary Big Heart and Keya became good friends. Pardieu always left a cask of whiskey and another of rum for Merriweather.

* * *

Merriweather had called on every settler within a twenty mile radius of the station. As United States Marshal for the 850 square mile territory, he listened to litanies of old complaints: thefts and swindles that had occurred twenty years ago; property disputes which he knew the only settlement to be over a grave; and numerous rustling complaints. Excepting the property disputes most of the complaints were against Indians. In the interest of good service he promised to look into this complaint or that as soon as he could. But when he left a homestead he generally left the complaint behind. They all complained of a Frenchman who came down from Canada to trade whiskey for furs. Merriweather said he'd certainly look for that rascal. The one common complaint he'd heard from half a dozen settlers concerned the half-breed Slape Stone, a violent gun-slinger who took whatever he wanted be it a ham from a smokehouse or a young girl's virtue. He'd shot three white men and at least three Indians. The Sioux's complaints were as loud and numerous as the settlers' and Merriweather decided that killing Slape Stone on sight would put out that fire and make everyone happy.

He considered most homesteaders childish. Veterans and farm hands came west with big dreams of fields, orchards, herds and flocks but without a whit of sense about the hard work, the winters, or the Indians. More quit their homesteads than stayed but those who stayed were tough and generally pig-headed. Settlers had two common complaints against Indians: thieving and trespassing. Complaints about trespassing he ignored. Early on he'd learned explanations about the Sioux concepts of land and hospitality were met with hostility. Merriweather never minded that the Station always had a few families camped a stone's throw from the flagpole. The nearest settler to the station was Jensen, a hard-headed Swede farmer. Jensen had fought the Sioux in the Wisconsin war in '62 and had no use for Indians. He asked Merriweather's help to prevent the Sioux from crossing his land as his wife was terrified by the sight of any Indian. He yelled at Merriweather telling him he was a fool not to "run dem damn teeves and beggars off."

Merriweather replied that this was the Indian Agency and he reckoned when Indians felt welcome they didn't feel like burnin' and scalpin' folks.

Swenson called him a damned Indian-lover and cursed him, threatening to write a letter to the Territorial Governor.

With the chiefs, Merriweather arranged for a yearly powwow in late August at which he would distribute treaty gifts and where Pardieu would trade. Merriweather's turning a blind eye at the whiskey and rifle trade pleased most of the chiefs. Pardieu was generous toward the chiefs themselves and fair in his trades with all. He had become good friends with Crow Face and won much favor with the Hunkpapa by shoeing their ponies at the Station. If a drunk misbehaved and fought or raped, the deed was considered an Indian matter. Merriweather's reluctance to interfere with tribal notions of justice were a lynchpin in maintaining the peace. Both parties understood, however, that crimes against whites would be settled by white man terms. Stealing had to be confronted and when he was convinced livestock had been stolen Merriweather went after and sometimes recovered the loss. He asked the chiefs to provide him with three young men to serve as Indian police. These men he armed, deputized, and paid $5 per month. Indians guilty of rustling were punished at the Indian Agents's whipping post with twenty-five lashes administered by one of the Indian police. Rape, arson and murder committed on whites were understood by all as capital crimes punishable by hanging. Merriweather was thankful that he had yet to deal with a capital case.

In late summer of the fourth year, passing emigrants delivered a letter notifying Merriweather of the future arrival of a missionary family who were to assist in the establishment of an Indian agricultural school at Merriweather's station. He was directed to provide assistance toward its construction and development. By now, he and Keya had two baby girls and a family with children would be welcome. Within two weeks, the missionaries arrived aboard a wagon drawn by oxen.

Jarvis had been only ten minutes at the station when Merriweather refused his request for Indian laborers. Jarvis asserted that he'd been assured of the Indian agent's cooperation and, if that cooperation was not forthcoming, he would report this matter to Merriweather's superiors.

"Rev. Jarvis, I myself can help you some, but these people will not leave off their summer hunt to come build you a cabin, or church, or whatever. Those oxen of yours ought to do you proud and your wagons'll give good shelter until you're under a roof."

The cabin was to be built on a knoll half a mile downstream from the station. Initially, he assisted the missionary with felling the timber for his cabin but quickly tired of Jarvis' constant complaints, laziness, and an unwillingness to listen to good advice. Mrs. Jarvis, on the contrary, was appreciative of any assistance. Keya spent time helping the family settle in, teaching the tasks of their daily routine, fetching water, washing, cooking, etc. The women enjoyed each other's company. However, once Rev. Jarvis realized that Merriweather and she slept together, he forbade his wife to associate with "the heathen fornicator."

By late August the cabin's walls were up and the door hung. One afternoon a rider came to the station with news of the theft of a calf from a farm on the Little Owl Creek, 100 miles away, and Slape Stone the suspect. The Jarvis cabin was still without a roof. Before leaving to investigate, Merriweather advised Jarvis to work quickly to get the roof up. He offered Keya's help which Jarvis refused. Three days later, Merriweather arrived at Little Owl Creek. He picked up Slape Stone's trail but lost him when the clever rustler backtracked in a rain storm. Merriweather figured, now that Slape Stone knew he was being hunted, he'd be harder to corner. At the French Creek trading post, Merriweather wrote a bill posting a $100 reward for the outlaw.

When Merriweather returned to the Station a week later, little progress had been made. A spread of canvas still served as a makeshift roof. He explained to Jarvis again the urgent need to get his roof finished. He would need the autumn to hunt and bring in enough meat and fire wood for winter. Jarvis simply replied, "God will provide."

"Dammit man, you are lookin' at a cold and hungry winter. God will not cut your firewood. God will not shoot your meat for you. And since God will not shoot your damned meat then I'm pretty sure God will not smoke the meat He isn't gonna shoot for you. Now, I can help you get your ridge pole up and Keya can help your missus and you shave shakes."

"The help of a drunkard, a fornicator, and a blasphemer? No thank you, Mister Merriweather."

"Suit yourself, you goddamn fool."

Later Amos Merriweather, Keya, and their two babies left the post for a week at the powwow. Merriweather's mare had foaled that spring and the colt was a present for Crow Face. The powwow was even more festive than ever. Pardieu's woman, Mary Big Heart, had also given him a son and there was celebration over the children. Pardieu as usual was generous with the whiskey. Before returning to the Station Merriweather had instructed the chiefs to send riders with travois to the station for the distribution of flour, salt pork, and blankets. Crow Face, normally sanguine, was so taken with his grandchildren that he accompanied Merriweather and Keya back to the Station for a visit. Upon their return, all were surprised to see that Jarvis had moved his family into the Station.

"I told you God would provide. How unchristian it would be, Mr. Merriweather, to not share your spacious quarters this winter? I'm sorry if we've had our differences this past summer, sir."

His moving into the station infuriated Merriweather and presented a dilemma. Sioux custom forbade denial of hospitality — absolutely. If Crow Face interpreted their eviction as the breaking of a taboo, Merriweather would lose honor which had taken years to build. Merriweather resolved to do nothing until the old Sioux left. Keya was obliged to prepare meals not only for themselves but for the Jarvis family as well. Some relief came each evening after supper when Merriweather, Crow Face, and Keya sat on the porch talking and drinking from the whiskey cask late into the night. Crow Face asked why Jarvis didn't join the drinking and story telling. Was he sick? He wanted Jarvis to come and join them. He could see Jarvis was ill-prepared for winter and the old Indian was taken with the little blonde girls. Crow Face even asked Merriweather if he thought Jarvis would trade those little girls for furs or ponies. More from a sense of humor than anything else, Amos Merriweather passed Crow Face's inquiry to the Reverend Jarvis the very next day.

"God in Heaven. I cannot under any circumstances imagine anything worse than my precious girls among devil worshipping heathens. I curse you Merriweather, you are undoubtedly in league with the same devils that rule these soulless savages. Curse you, Merriweather, may God curse you!"

When the tribes' representatives began arriving for winter rations, the nights grew noisier and stretched into the early morning hours. Drunken men lay around the station until past noon when drinking would begin anew. Nothing delays departure like drink.

Refused the loan of a horse, Rev. Jarvis walked the seven miles to the Swede's place and begged a Christian place to lodge and for help raising his ridge pole. Jensen and his wife welcomed the company of another so disgusted with the Indian Agent and his redskins. While he aided the preacher with his roof, the two commiserated on the sorry state of the Badger Creek Indian Agency. As they nailed the shakes to the roof, the two men watched in disgust as Indian parties left with travois laden with beans, flour, salt pork, and blankets. Crow Face left with his sons to begin their band's trek south to winter camp. The missionaries were ordered to leave the station the next day. Merriweather denied the minister's request for an equal ration of flour and salt pork. "These are treaty rations; they're for the Indian nations."

The first snow fell just as Jarvis and Jensen finished the roof. The Jensens and Jarvises celebrated the move into the cabin with prayers and a haunch of venison the Swede provided. Jensen, however, became highly irritated when the minister refused his offer of trade for the Jarvis' wagon. Did this preacher have no gratitude for Swenson's hospitality, for his labor? The refusal broke the nascent friendship and the angry Swede and his wife left the chilly housewarming.

Now the angry preacher was isolated, facing winter with insufficient food and fuel. Merriweather advised him to head back East before winter set in, for the sake of his wife and children, but the stubborn Jarvis retorted that he would rely on God's goodness, which always saw him through. "God damn you sonofabitch — don't you realize there'll be dire consequences if you don't get your wife and girls out of here?"

The first storm blew in late in September. Jarvis's wife took sick. Merriweather asked the preacher to allow his sick wife to move into the station where Keya could tend her close to the stove but the stubborn man of God would have none of it. She was dead within a week.

Once again Merriweather confronted the angry preacher. The wind was howling so that the men had to shout at one another to be heard. "Jarvis, at least let Keya care for the girls. I care not what happens to your sorry ass, but those girls need tending, man."

"I'm takin' them to the Swedes, they'll be tended by Christians."

"You don't even know if Jensen will take them. He was plenty mad at you last I saw. I don't give a shit what you say, Jarvis. I'm takin' those girls, at least for the winter, now move outta my way, you crazy shit."

"By God, I will kill you if you take my girls."

"Move, I say."

Merriweather strode into the cold cabin where the two little girls lay bundled in the same ragged quilt their poor mama had died in. He spoke softly to them and told them he was taking them into the warm station where Keya would fix them hot mush by the warm stove.

Jarvis watched as the wind slammed shut the door to the station, his babies within, taken by this godless station master and his heathen woman. He raised his arms to heaven beseeching God's help in their deliverance. Then, full of rightous purpose, he strode down to his cabin where he fetched his shotgun. With a burning rage he headed against the wind, the long gun cradled in his arms. The wind blew the brim of his hat up and his coat tails flapped as he stepped up to the porch just as a voice boomed from behind.

"I hear you're lookin' for me, marshal." There on a grey mule sat Slape Stone with a .44 rifle pointed at the preacher's chest.

Jarvis swung around, raising the shotgun, and both weapons discharged in one thunderous explosion.

As Merriweather threw open the door, a thick cloud of white gunsmoke swirled around him. There on the porch lay Jarvis. His coat lay open and blood spurted from the hole in his chest. The pulses diminished as the preacher's eyes glazed. Just beyond Merriweather saw a large gray mule sniffing the writhing frame of Slape Stone, struggling amid a froth of blood dripping from his head, trying to crawl on all fours. His face had caught the blast of the preacher's shotgun. Soon the man collapsed. The wind blew dust around the body. Looking down at what resembled a hat full of crushed tomatoes, Merriweather winced and threw the mule's saddle blanket over the corpse.

In the spring, the girls were allowed to choose living with Merriweather and Keya or the Jensens and opted to stay with the Station Agent. That summer they and Merriweather's daughters lived with Crow Face at the Hunkpapa summer camp and by autumn were as comfortable speaking Siouan as they were with English.

The word spread that Indian Agent and U. S. Marshal Captain Amos Merriweather had gunned down the notorious Slape Stone, and a sigh of relief spread throughout the Badger Creek region. Amos said nothing to dispel the error of the rumor.

The End



Introduction to a Gunfighter
by Bud Hanks

February 1889
Vernal, Utah

Harry Longabaugh sat stiff-backed at a small wooden table near the windowless wall of the saloon. His red-rimmed eyes, strained from staring, moved from person to person, in the smoke-filled room, then started all over again. A full liquor glass and one empty glass rested on the table in front of him. He'd arrived in town yesterday and asked around for Cleophas J. Dowd. Folks wouldn't say much after he mentioned the man's name.

A cellmate in Sundance, Wyoming had said to Harry, "A cowboy, who can't steal horses, or ride and shoot any better than you, is doomed to die young. If it were me, I'd contact Cleophas J. Dowd, Vernal, Utah. He can save you or bury you."

Harry heeded the advice, but now had second thoughts about asking to find Dowd. No one was saying anything about the man except: He didn't take kindly to strangers, and you better have a damn good reason to be asking about him. An old, whiskered gentleman at the boarding house breakfast said that Dowd would find him — patience was a virtue.

The grandfather clock, standing sentry near the piano player, struck 4 P.M. Quiet eased around the saloon and made its way to the front of the twenty-foot-long bar — spurs announced his presence. The front door opened and a big man, dressed in a black 'ditto' suit and black overcoat, appeared — his black Stetson sprinkled with snow. He jangled to the bar, downed the drink waiting for him, followed the barkeeps eyes, and turned to glance at Harry. Then paused to look round the bar.

A bottle of Burke's Irish whiskey appeared, and he snatched the neck with a large left hand, turned and started toward the table. Harry raised the full glass, toasted the stranger, and swallowed down his drink. He pushed the empty glass in front of the vacant chair. Two pairs of eyes never stopped staring at each other.

No smile, the man's right hand and arm never left the front edge of his coat — no guns displayed. Harry put both hands on the table and said in a loud voice, "I beg your pardon. Mr. Dowd is it? Won't you be so kind as to join me for a drink? I was in jail in Sundance, Wyoming and obviously forgot my manners. I mean you no harm. I was told you might — "

Before Harry could stand and extend his arm and empty hand, a short-barreled Colt .45 magically appeared in the stranger's hand. An explosion brought fire from Hell. Harry jumped up and covered his ears. His head screamed inside. When he realized he wasn't shot, he turned and saw a Mexican slump to the floor from the table next to him.

The gun was gone as fast it had appeared, and the stranger moved to the empty chair. "Cleophas Dowd," he said, shaking Harry's sweaty hand. Then he nodded in the Mexican's direction. "A member of Pablo Herrera's gang. I believe in an eye for an eye," he said in Hebrew.

"I don't understand that last statement," Harry said.

"It was Hebrew. I speak seven languages. Do you speak any?"

"I know some French and German from my early studies. A little Latin."

Dowd spoke a few phrases in French, German, and Latin and watched Harry's face squish into a question mark. "Do you even speak the King's English?"

"I speak Pennsylvania English, sir."

"Quaker?"

"As needed believer. And you?"

"Ordained priest — questionable."

Dowd took the second liquor glass, filled it, downed a shot and stared at Harry. "What do you want from me?"

"I was told you could teach me how to shoot and ride, and hopefully that will keep me alive."

"Who do you know on the trail?"

Harry knew right away he needed to make the correct answer. "Butch and Mike Cassidy, Charley Jones, Elzy Lay, Kid Curry, Jim Warren — "

"You know Jim Warren? What did he do before ranching?"

"I worked a short time for him, and some of the boys said he was a priest, like you."

Dowd brokered a slim smile. "Let's drink. First you're going to break horses for me, and if you live through that, I'll teach you how to shoot."

"What do you want done with the Mexican?" the bartender asked.

"Have the undertaker come get it. Call me when the hole's ready, and I'll get my Bible out and say a few words like I did for Pablo."

A laugh roared like rushing water in a deep canyon as he poured another drink.

"How'd you know that Mexican was here to kill you? I didn't even see him sitting there when I came in and sat down."

"I'd been tipped off before I got here — friends in this town. Besides, the Mexican smelled of fear. You can smell it when you walk into a room. If you live long enough, I'll teach you to smell fear and how to handle it yourself."

"Won't the law want to talk to you about the shooting?"

"I've been the law. I am the law. And I'll always be the law. Who do you think I am?"

Seeing the undertaker come in, Dowd said, "Hurry up, Frank, that Mexican is smelling up the place."

Harry ruminated with each drink that he was either in the midst of a mysterious sinner or a savior. He closed his eyes — one short moment while downing a shot — and prayed he never sinned anywhere near the man.

When the bottle emptied, Dowd said, "I'll get a room, and we'll start back in the morning. It's about thirty miles to the ranch. Take me to where you're staying. We'll have supper later. Then tomorrow before we leave, I'll say a few words over the Mexican."

That evening at dinner Harry and Dowd talked about Harry's ideas for his future.

"I'm concerned that my time in Sundance will keep me from any worthwhile employment," Harry said.

"Only if you let it, Harry. I've baptized, killed, buried, and prayed for men. I've been the law here and for the railroad, and Pinkerton wants me now. I speak seven languages and four Indian tongues. I give no quarter and I take none."

"How'd you draw a gun that fast?" Harry asked. "Some day I'd like to draw fast."

"Practice. And if you're fast on the draw, you better be straight on the shot. If you practice what I show you, you'll be able to take care of yourself.

"Not everyone would be comfortable with my methods. Years ago I had a man make me a special slide-and-groove metal piece that's sewn onto a wide belt at my waist. A small stud is welded on my gun, which slides into my belt slide. This gives me instant action but hides the gun under my coat."

"Is it true you bettered Jesse James?"

Canyon laughter erupted again. "Where'd you hear that?"

"I talked to some trail hands on the way here. They knew of your reputation."

"Harry, the truth is Jesse James didn't know physics. Oh, he was a quick draw, and a good shot — even if he did take forever aiming. He knocked down eighteen out of twenty shell casings with eighteen rounds. I knocked down all twenty casings with twelve rounds. How'd I do it?"

"It's impossible."

"You ever hear of Newton's Law?"

"What has apples got to do with it?"

"Not apples, Harry — motion and inertia. Jesse shot the casings. I shot between the casings; energy and motion knocked them all down. You've got to use your brains to be a great shot. It's not the draw; it's the accuracy of the shot that wins the day.

"We better turn in, it's going to be a long day tomorrow. You should thank your God you were caught in Sundance instead of Vernal. They'd have hung you here."

The End



Solomon's Misjudgment
by J. R. Lindermuth

Just because he shares the Christian name, Judge McLain considers himself on a par with that other Solomon. What he tends to forget is even that wise old Israelite had his share of mistakes in judgment.

There was this case last week, for instance. Two Mexicans were fighting over ownership of a mule. They was raising such a ruckus, flashing knives and such, my deputy summoned me from my supper. Now since I had just set down to it, I was plenty riled myself.

Tom's mostly a good deputy, but he ain't much for courage. Anytime it looks like there's a chance somebody might get hurt he's likely to call on me rather than trying to settle things himself.

I come upon these gamberros there in the street in front of Tucker's hardware and I seen right away somebody was going to get hurt if I didn't settle them down quick. A crowd had gathered around the two of them — as always happens when we get a little excitement out of the ordinary in town. People just can't seem to mind their own business when others get to quarreling. Anyway I saw right off these two had their allies in the crowd and things was getting hot. If they didn't stab one another, somebody else might take it to mind to do it for them.

I fired a blast in the air with my shotgun to get their attention and part a path for me to get closer to the rowdies. The two Mexicans stopped circling and yelling at one another and turned to face me. One of them snarled in Spanish whilst the other just spit off to one side and glared at me. I stepped up close and slammed the butt of my shotgun into the belly of the spitter who went down on his knees, gasping for breath. Before the other could spout another word I smacked him hard aside the head with the barrel. Tom was helpful in getting the manacles on them before they could recover. Then we herded them down to my lockup for the night.

There wasn't anything else on the docket, but McLain said we might as well get the hearing over with. Solomon likes to hold everything down at the Double Eagle. He claims deliberating works up a thirst and we might as well be in a convenient place for slaking it. I got no complaints about that.

After Tom and me brought in the prisoners, the judge says we should bring the mule over to the saloon, too. "You sure you want to do that, your honor?" I asked. "The animal's safe over there at the livery stable."

McLain gives me a look like I just expectorated in his beer. "I want the beast handy in case we need to reference it," he snarled. I shrugged and told Tom to go get it. I should have remembered the judge, he don't like to walk no farther than he has to.

Once that was done the judge commenced to hear the evidence — which was difficult, given that neither of the parties spoke English and his honor don't know nary a word of Mexican. McLain halted the action long enough to ask if there was anybody in the courtroom could act as translator. He offered two dollars in pay and free beer after the conclusion of the court's business. Well, that got him several volunteers and after a little more deliberation he selected a fellow I know for a fact understands no more Spanish than the rest of us.

The testimony continued for another ten or fifteen minutes with a lot of gesticulating and jibber-jabber what made no sense to most of those in the courtroom. I figured about that time the judge was getting thirsty. And I was right. He banged his gavel on the table and proceeded to make his pronouncement.

"It is the decision of this court the plaintiff and the defendant shall share equally in the cost of the hearing," he said, "and then will settle their dispute by drawing straws to determine ownership of the animal in question. So ordered." He banged the gavel again.

Noting that the two Mexicans was staring at him with their mouths hanging open, McLain leaned over to his translator and suggested it behooved him to explain the order. After more sputtering and arm-waving, the judge nodded to me.

Tom and me grabbed onto shirt collars and hauled the two out of the saloon. As we came out into the sunshine I was momentarily blinded. I blinked and shook my head and had a look around. But I didn't see no mule. Turning to Tom, I asked, "Where'd you put the animal?"

A puzzled expression on his face, Tom pointed straight ahead of him. "Right there, sheriff. I tied it up right there to the hitching rail." The Mexicans looked from him to me and then at one another.

I commenced to laugh. It was plain as day what had happened. Whilst we was inside listening to McLain pontificate, some other varmint had made off with the mule.

The End



The Game
by Ronnie Ashmore

I looked at the man across from the table. I could smell my own sweat in the cramped barroom, my mouth was dry as I was thinking of the choices a man makes on the spur of the moment. I would remember this December of 1892 as one of these choices.

"You in or out, Barclay?" he asked. His voice sounded distant, yet loud as it echoed across the room.

I swallowed and smiled a smile that I hoped looked more relaxed than it felt. I had got into this poker game to just have fun and maybe win some money for the wife and kids. With Christmas coming it seemed like a harmless idea. Things had gone completely wrong and showed no signs of improving. I won a lot of money, and the six we started with was down to just me and the man across from me, John Kyle, the local banker.

Kyle had teased me about sitting in on this game when I was behind on my mortgage note that I owed to him. The last hour I had lost almost half of all I had won to Kyle. I picked up my beer glass and noticed my hand shaking. I put down the glass hoping Kyle did not notice.

"I bet twenty."

"Raise one hundred!"

What was he holding? I needed to get a read on him, but I was not a gambler. I was, however, just a little over my head. I silently called and placed one hundred dollars in the pot, looking at my shrinking stack of money.

"I'll take one card, Dealer." Kyle said, tossing off his whiskey.

One card? So, Kyle probably had two pair, or maybe a flush, or straight draw. I had to beat that on my draw, but I had to stay in without going broke. Kyle was a bully in life, always trying to impose his will on others. He played cards the same way. He wanted me to fold because he was John Kyle, and I wasn't.

"Three cards, please."

I took my cards and looked at them. I needed to improve on my pair of twos. I nearly passed out as I looked at my draw cards. I hoped Kyle hadn't noticed.

"How much you have there, Barclay?" he was looking at my money stack.

"About twelve hundred." Twelve hundred was more money than I had seen in my life. I should have left the game earlier. I could have then, it was too late now.

"You still got me. I tell you what, I will make you a deal Barclay. I will bet your mortgage on this hand. You win you get your little ranch. I win I get the place and you have till noon tomorrow to get out." He laughed, the greedy son of a . . . laughed at me. I wanted to shoot him, to just stand up, pull my gun, and shoot him.

Suddenly, I knew he hit what he was after, the flush, the straight, or two pair. What if he hit a full house? I looked around the room, stalling, seeing if there was a way out. I could fold but he would push me with this next hand or maybe the next, it would make me a nervous case and cause mistakes. I could not let Kyle bully me.

"The mortgage? If I win the ranch is mine? I would owe you nothing?"

"That's right. I'll sign it over to you tonight. You can get on your horse and take it to your wife, maybe finally show her you ain't the loser I always thought you were."

Kyle was laughing again. This time though, so were some of the onlookers, my neighbors, my friends. I knew what was said about me, how I never had money to treat my wife to the new things she wanted. How my kids dressed in hand-me-downs, and other things. I always tried to teach my kids to hold their heads high, but that was something I could rarely do. It seems I was always in debt and asking people for money. It really was no way to live, much less raise a family.

I looked at my stack again. It was a lot more money than my family had ever seen. It was enough to pay all my town debts except the mortgage. If I took Kyle's bet I could pay everybody I owed, have the title to my ranch, and extra money for the family. I just had to stand strong and not let Kyle push me.

Was he bluffing? Were my pair of two's enough to beat him all along? Kyle would not bluff about a bank note, even for effect. No. He had something, and he was proud of it.

"I call." My voice sounded weak, low. "I call."

"Well, let's see what you got, Barclay."

"I called you, Kyle. You first." I shifted my seat and the sound of the chair moving was loud.

Kyle was grinning and looking around the room. "Gentlemen? Ya'll come closer, you're goin' to want to see this." He laid down his cards and showed five diamonds. Kyle had hit the flush on the draw. A murmur went through the crowd as Kyle's grin turned to laughter.

I did not trust my voice to speak. All I had wanted to accomplish when I sat down at this table seemed like a distant memory. The faces around the table were blurs, all I could see was Kyle's face, and I knew I would never forget it, not as long as I lived.

I laid down my cards. The noise in the room suddenly stopped, not died down , but stopped. Kyle, who was still grinning when he looked at my cards on the table, suddenly stopped also. He stared at my cards for a full ten seconds before it finally hit him.

"Full house. Three's over two's." I started reaching for the money in the middle of the table then stopped." Make sure you spell my name right on the deed, Kyle. I will wait here while you go get it."

Not much have I ever done to make people speak well of me, but that night in the saloon, I gave the entire saloon something to remember. I wonder, and I smile whenever I do, if John Kyle ever thinks of me.

The End



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