Trails WestChapter 2 Trail To Ellsworth
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It had been over three weeks since Tom Larson had been arrest for cattle rustling. Now the trial was over; Josh Kelly, Red McCall, Jerry Barnes, and the entire Maguire family were in the courtroom waiting for James Houston, the circuit court judge to give his verdict.
Larson's trial was short and straight forward; giving the court a clear picture of Larson's actions. The whole thing could have been completed in one day but the delaying tactics of Charles Gibbons, an attorney that Tom Larson hired had extended it into two days. The Denver lawyer tried several things to postpone the verdict. I guess he had to at least pretend to earn his fee, Josh thought.
The testimony that Josh and Red had given about following the trail of the stolen cattle onto Larson's ranch had pointed a finger at him. But the testimony of two of his cowhands, Rafe Johnson and Barry Summers, had sealed Tom Larson's fate. The two men admitted that Larson had paid them to steal the cattle from the Maguires.
In addition they testified that Larson paid them to harass Sarah and Danielle Maguire while they were in town. Larson also ordered them to shoot at Danielle to scare her; all these actions were done to force the Maguires to sell their ranch to Tom Larson. The trial of Johnson and Summers had run concurrently with Larson's.
The court wouldn't allow any speculation concerning the death of Carl Davis as there was no evidence tying Larson to that killing. The judge also disallowed testimony by Johnson and Summers saying they heard other hands talk about rustling cattle. Houston said it was hear say and not admissible. Only the cattle stolen by the two witnesses was considered; a total of 50 head.
"The prisoner will stand," Judge Houston ordered. Tom Larson stood and faced the judge. "This court finds you guilty as charged of cattle rustling and conspiracy to perpetrate acts of violence against Sarah and Danielle Maguire. Do you have anything to say Mr. Larson before I pass sentence?"
Larson shook his head but his attorney stood to speak. The judge pointed his gavel at the man and said, "I've heard about enough from you Mr. Gibbons; sit down and be quiet sir." Judge Houston turned back to Larson and continued, "I sentence you to 10 years in the territorial prison. In addition you will pay Mr. Daniel Maguire for the 50 head of cattle that you stole in the amount of," he stopped to consult a Denver paper for quoted stock prices. "The current price for cattle at the railhead is $12 a head. That's a total of six hundred dollars Mr. Larson."
"Your honor, my client doesn't have six hundred in cash as you can see," Mr. Gibbons said handing the judge a bank statement.
"I don't doubt that Mr. Larson has the money squirreled away someplace but it's not the job of this court to track it down." Judge Houston paused in thought and then said, "Very well, Mr. Maguire will go to your ranch and cut out 60 cattle and take them to his spread. The extra 10 head will help defray the cost of getting them to market. Is that satisfactory to you Mr. Maguire?"
Daniel was surprised that he was getting anything; all he expected was that Larson would be punished. "Yes sir, your honor. Perfectly satisfactory," he answered.
"Sheriff Horton you will accompany Mr. Maguire to the Lazy L to get the cattle at his convenience. When that is done you will escort Mr. Larson to the territorial prison to begin his sentence."
Judge Houston turned to Johnson and Summers and said, "I sentence you both to 3 years in the territorial prison; you will be eligible for parole in two years. If either of you two come before this court again I will impose the maximum sentence allowed by law. This court is adjourned."
Josh nodded at the verdict and the sentence; he was also surprised at the court ordered restitution. His friend and partner Red McCall smiled in satisfaction; he was glad to see Larson pay for his attacks against the Maguires. Everyone involved was glad to have the trial over. Maybe now they could get on with making the Maggie M a paying proposition.
"If this was Texas, Larson and those two hands of his would have been hung," Red remarked.
Josh and Red walked out of the saloon that had been used as a courtroom. They were with the Maguires; Daniel, Maggie and their two daughters Sarah and Danielle. Maggie said, "I wonder what Nancy Larson's goin to do now? Her husband's going to prison and a lot of the workers on her place are a surly, lazy, no good bunch at best. I hope her brother can help her."
Maggie hadn't noticed that Nancy's brother, Bill Sanders, who owned the S Bar S was walking right behind them. "I'm gonna be running her place and mine until my boy comes home from the war," Sanders responded. "He's due back the first of November. I guess I'll be puttin in a lot of trail time, ridin back and forth between the two places." He stopped and looked at Josh and Red with a calculating stare.
"Say boys, why don't you two run the place until William gets home? I'll pay you top wages," Sanders offered.
Red was the first to reply, "I don't think I could work with those boys. Josh and I had a run in with some of them before and we just wouldn't get along."
"Anyway, we couldn't leave the Maguires without help," Josh added.
Daniel Maguire spoke up. "There's not much goin on right now Josh. I could use a little help later on with the fall calving season and come round up time."
"Naw, you don't understand Red," Sanders continued. "You two would be the top hands. I want you to cut out the bad ones, run 'em off or shoot em; I don't care which. Get rid of the bad blood and keep anyone that wants to work. You might need to hire some men to take their places; I'll leave that up to you. What'da you say boys?"
Now Red was the one with the calculating look. "What kind of wages are we talkin about here Mr. Sanders? I mean you want us to be the range boss and run the whole shootin match, so what are you offering?"
Sanders smiled to himself; he knew he had just hired the two men. It was only a matter of money now. "I was thinkin $50 a month for each of you."
"We'd have to have $150 a month," Josh responded.
"Each?"
"No sir," Josh answered, grinning at the look on Sanders' face. "That's for the both of us, $75 a month per man."
"That's a bargain for a good range boss Mr. Sanders," Red threw in. "Not only do you get two good men, you get someone to straighten out that mess over there. That ought to be worth somethin."
"Tell you what boys. I'll give you $130 a month for the pair. I'll bring any horses I need trained over to you Josh and pay you for any that you break that belong to the Lazy L. And remember, Nancy's place is about 3 miles closer to town and these two young ladies here."
Red nodded at him and Josh said, "Remind me to never try to buy a horse from you Mr. Sanders. Okay, you just hired yourself a couple of range bosses."
Red spoke to Daniel and said, "We'll help with the round up and branding on the Maggie M sir."
"We'll help drive your cattle to the buyers at the railhead in Colorado City too," Josh promised.
Sanders was all smiles, "Now that's what a good deal should be, everybody's happy and got something they wanted."
Josh and Red decided to stay in town and visit with Sarah and Danni. The rest of the Maguire clan headed back to the Maggie M. Daniel and Maggie had picked up some supplies while in town and rode in the loaded wagon. Jacob was riding the horse that Josh had given him back in December. It was the first time that he had taken Puma off the ranch and he was as proud as a peacock.
Jerry Barnes, Josh and Red's young partner had stayed at the ranch. No one really expected more trouble after Larson was arrested. The four or five men Larson had hired as gun hands and enforcers weren't being paid and had no reason to raid the Maggie M, but Jerry decided to stay and keep an eye on the place.
Josh and Red stayed in Fountain and had supper with Sarah and Danni. Since it was warm weather they slept in the stable as they had done before. The next morning after breakfast with the girls they rode back to the Maggie M. They wanted to finish up a few chores at the ranch before they went to Larson's place to take charge.
That evening after supper Josh told Jerry about the new job working for Nancy Larson. Given the choice Jerry decided that he'd rather stay and help Mr. & Mrs. Maguire. He said that Mrs. Maguire reminded him of his Ma and he felt like he had found a home with them.
Josh nodded, patted him on the shoulder and said, "I thought that's what you'd want but I had to give you the choice. I'm glad you're staying, we won't feel so bad about leaving Daniel and Maggie alone."
That weekend the girls come back to the ranch as usual and as usual they had an escort riding with them; this weekend it was Josh. Jerry rode back to town with Sarah and Danni on Monday morning. After saying good bye to the ladies, Josh and Red rode to the Larson's ranch, the Lazy L.
Bill Sanders was there to meet them and introduce them to Nancy Larson. Josh and Red knew who she was, they had seen her at her husband's trial but they had never actually met her. He had explained to Nancy about hiring the young men to straighten out some of the problems and run the ranch. Mrs. Larson was a little timid and nervous but showed the boys the house and told them to make themselves at home. She said she planned to move to the S Bar S to live with her brother.
Her decision to move to her brother's was a bit of a surprise but Josh and Red were happy to have a nice place to stay; they wouldn't have to share the bunk house with the men that worked for them.
Mrs. Larson and Sanders called the hands together and introduced Josh and Red. "These two will be the range bosses and will be totally in charge," Sanders told them. "There's gonna be some changes in the way this place is run." Turning to Josh and Red he asked, "You boys got anything you want to add?"
Red stepped forward and looked each man in the eye. "We know some of you weren't hired to be cow hands. That stops now; if you stay on the Lazy L you'll be expected to work. We'll get to know y'all in the next few days; Josh and I will start you boys with a clean slate. If you work you can stay, if you don't you can draw your pay and leave. Any questions?"
One man stepped forward and was followed by three others. None of them had the look of working cowboys; they were all dressed little too nice and carried pistols slung low on their hips. "We weren't hired to be nurse maids to a bunch of cows. Mr. Larson hired us for security. We'll just keep doin that until he tells us different."
Sanders started to speak but Josh put a hand on his arm to stop him. "I don't think you understand," Josh said as he stepped forward to join Red. "Tom Larson's got nothing to say about this ranch anymore. His wife is the owner and hired us to run the place for her. So you'll work as cow hands or leave; there's no third choice."
The man had a mean look to him and after looking at his friends for support, he bristled and started to speak again, but Red interrupted him.
Red saw the low slung pistols and the way the four men stood; they were directly challenging Red and Josh. "What's your name, Mister?" Red asked with his evil grin.
"Jake Stillwell. Why?"
"This looks like this is gonna get rite nasty and I hate to bury a man without a name on his grave marker," Red replied.
Stillwell tensed and slowly moved his hand closer to his pistol.
"If you pull that hog leg, I'll kill you," Josh said. "I'm not as good as Red here, so I won't take the time to be careful with my shot." The man stopped his hand and stood very still.
The four men were standing in a line facing Josh and Red. The last man in line started for his gun but before he could clean leather Josh drew and shot him; hitting him in the shoulder. Red drew his pistol and covered the other three men.
Holding his smoking pistol Josh said, "I know you four were involved in trying to get rid of the Maguires just like Barry and Rafe. The only reason I didn't kill them was that we needed them to put Tom Larson away. I don't need you men; don't give me an excuse to put you down.
Red motioned at the wounded man, "Take Douglas to town and get him a doctor. As soon as he's patched up, I expect you to keep riding. Get out of the country or the next time we meet ... well I don't think you'd like it. Now git!"
The four men saw the wild look in Red's eyes and the grim determination in Josh's. They quickly mounted their horses and rode toward Fountain. Red watched them leave and turned to Josh with a big grin. "I thought I was supposed to be the gun hand? You takin over for me?"
Josh answered with a serious tone, "Damn I guess I need more practice. I was aiming at his chest. Almost missed him, I did."
Red looked at him with surprise until Josh started to smile. "I hit just what I aimed at Red," Josh admitted.
"I thought you were the peaceful one of the group," Red teased his friend.
Josh knew Red was teasing but the smile left his face and he replied, "I was until they shot at Danni and Jerry and tried to kill my horse. Right then I decided I was gonna do what had to be done."
"Sorry boys, I knew those men were a rough crew but I didn't expect there to be this kind of trouble," Sanders said.
Nancy Larson spoke up. "I'm sorry too Mr. Kelly and Mr. McCall. It seems like the Lazy L is nothing but trouble for you two."
Red nodded and said, "Weren't none of your doin Mrs. Larson. Mr. Sanders, why don't you show us around the place so we can get to work. We'll start culling the hands tomorrow."
Their first evening at the ranch, they talked to the cook after supper. The meal hadn't been fancy but was good, solid food.
"Do you plan to stay on here Mr. Swede?" Red asked.
"Like to. Got nowhere else to go," he answered. John Swede wasn't much more than five feet tall and almost as wide. He had no nonsense air about him and wore a Derby hat all the time, both indoors and outside.
"Worked on the Lazy L long?"
"Going on fifteen years. Used to own the two hundred acres that are on the north end of the L, but I lost them in a poker game while I was drunk." Swede told his story. "Larson bought the land from the winner and then offered me a job. Been here ever since."
"We'd like you to stay Mr. Swede. You're a good cook and run a tight kitchen," Josh complimented the man.
"Can I try cookin some different things? Mr. Larson only ate meat and potatoes but I got some recipes that are real tasty."
Red grinned and said, "Suits me fine. Just don't try none of that fancy stuff. We'll eat about anything as long as we can recognize it sitting on a plate."
Two weeks later Josh and Red were talking after supper about the changes they had made so far at the Lazy L. They culled some of the hands and were down to five including Mr. Swede. After getting rid of Stillwell and his group, three of the other men they inherited just didn't have the skills to be kept on as full time hands; they had to go. Josh said that he wanted to hand the ranch over to Sander's son William with a good crew.
It was the third week of July when Bill Sanders rode over to talk to Josh and Red. He made it a point to check in with the boys every two to three weeks; sometimes Nancy Larson came with him. This time he was alone and just in time for supper.
Josh explained to Sanders that he and Red planned on making Charley White the top hand; if both Josh and Red were gone he would be in charge. They would both be gone for a few days to help the Maguires with the fall round up and branding. Red said he agreed with the choice telling Sanders, "Charley may not be the smartest man I ever met but he's steady, dependable, and he knows cattle."
Sanders nodded and Josh continued, "Your son will need someone to show him the ranch and how it's being run when he gets here. We'll be available a day or two at a time until he gets his rope around everything."
"I'll leave that up to you boys; you've been working with this crew. But I've got an offer for you two. I wrote William and explained how we were handling things and about you two. He wrote me back and he'd like you and Red to stay on when he gets here. You can have until he gets home to make up your minds, but I'd like y'all to stay too."
After Sanders left, Red walked down to the bunk house to tell Charley about his promotion. Josh sat on the porch reading the latest batch of letters from his parents. He had been writing his Pa and Ma twice a month, sometimes more if something worthwhile happened; such as the trial and conviction of Tom Larson for rustling and conspiracy.
He opened the third and last letter from home and after the usual we're fines and hope you doing okay, the next part of the letter surprised him. His folks wanted to know when he was going to marry Danni. How did they know about Danni? Josh wondered. He had mentioned her when he told his parents about the Maguires and the Maggie M but hadn't written anything about his attraction to her.
The next few lines solved the puzzle. They said that Red's latest letter explained that there would probably be a double wedding in the spring; Red and Sarah and Josh and Danni. Red's latest letter? Apparently his friend had been writing to his parents for a while. His mother suggested that he have Danni write to her so they could get to know their new daughter in law.
Josh was a mite put out with Red for writing to his folks about Danni and planned to confront him when he got back from the bunk house. The possibility of he and Danni getting married was something he had just started to think about. Red stepped onto the porch turned a chair around and sat with Josh.
"How're your folks doing?" Red asked pointing at the letters that Josh held.
"Everybody's doin good. Samuel is growin like a weed; he almost as tall Ma. Uncle Simon and Aunt Cindy had a new baby; a boy named James. Pa sez the Union is wearing down the South. He sez that the southern states just can't compete with the factories, supplies, and the number of troops that the Union has. He thinks the war will be over by next year."
Red nodded and said, "I saw that back in '62. It was hard getting supplies with the 29th., even that early in the war. We usually had to provide our own weapons, food, and horses. I thought it would go sideways quicker than it has."
"Pa sez that there ain't no quit in the southern boys; he just doesn't think their bravery can overcome the odds. He also sezs that there's just as many brave Union troops. But then you already know all this from your letters to my folks. Don't you?" Josh gave Red an accusing look.
Red smiled and nodded; he wasn't embarrassed at all. "Your Ma told me about Samuel and your new nephew. It was good news so I thought I had to give them more than you were doin okay."
"I wish you hadn't told them I was getting married," Josh replied. "Danni and I haven't talked about getting hitched."
"Why not?" Red asked and when Josh didn't answer he continued, "You love her, don't you?"
"Yes."
"You want to be with her, don't you?"
"Yes."
"Then why are you draggin your feet son?"
"I haven't told her how I feel about her. She hasn't said anything about how she feels either," Josh answered.
"Yes you did and so did she," Red replied.
"We never talked about how we felt. I'd remember something like that."
Red saw the confusion on his friend's face and said, "That day that Danni doctored your leg when that buffalo gored you, you two said plenty."
"But we didn't say anything bout how we felt," Josh protested.
"When you reached down and touched her hair and she looked up at you with tears in her eyes, even a blind man could see that you two were sweet on each other. I don't want to get all poetic and stuff but that look said more than all the talkin you could've done. Danni loves you Josh, take my word for it," Red assured his friend.
"Am I that thick headed?" Josh asked and then with a smile answered his own question, "Yeah, I guess I am."
"I'm goin to meet Jerry tomorrow," Red explained. "We haven't had a chance to talk much lately. I'll tell him that you'll be the one goin to meet Danni when she comes home Friday. "You go and talk to that girl."
Josh nodded at the suggestion and Red continued, "Y'all better put a brand on that filly fore some other cowboy throws a rope on her. I hear some of those boys in town are gettin real interested in Danni. Especially Steve Mitchell's boy."
"Stanley? Why he's just a boy."
"He's 20 Josh, the same as you. Better pay attention to your stock there, fore someone rustles her away," Red responded.
Josh was quite for a couple of minutes and looked at Red with a grin. "You remember what happened to the last ones that tried to rustle stock that I had an interest in. But you're right; I'll have a talk with her on the way back to the ranch from Fountain. Thanks Red."
"Somebody's got to guide and take care of you; sometimes you're not smart enough to come in out of the rain." Red teased.
Friday morning just after daybreak, Bill Sanders rode back to the Lazy L. He stepped down from his horse and Josh and Red came out to meet him, bringing a cup of coffee for their boss.
"You boys got time to have a talk?" They both nodded and offered him a chair.
"There's been a little change in plans. William wrote again and wants you two to stay on and help him with the ranch after he gets here."
"For how long?" Red asked.
"He said he'd keep you on for two years and after that y'all can decide what you want to do. But he told me he'd just as soon you boys make yourself a home on the Lazy L," Sanders replied.
"That's fine I guess. But what happens when Larson gets out of prison and comes back?" Josh asked.
"Tom Larson won't be comin back. Nancy just got word that he was killed in a prison riot. I didn't like the man, but I never wished somethin like that on him. It hit Nancy pretty hard." Sanders stopped for a few seconds shaking his head.
"So boys, it looks like y'all got a job for life, ifin that's what you want. I've heard some rumors about you and those two Maguire girls." Sanders looked at Josh and Red with a little grin. "If y'all get hitched you can live in the big house. We'll make over that second bunkhouse into a place for William to live in. Oh before I forget, you'd still be makin the same wages as now. How about it boys, are you in?"
Josh looked at Red and at a nod from him said, "It's a good offer Mr. Sanders. Give us a week to think about it."
Sanders nodded, got up, and mounted his horse. "Let me know as soon as you can boys. If you're not gonna stay I've got to figure something else out." He turned his horse and headed back to the S Bar S.
"Don't that beat all?" Red remarked.
"Reckon we aren't just drifters anymore," Josh grinned.
Danni stepped out of the freight office at noon; she had arranged with her boss, Mr. Whitworth to work four days a week and a half day on Friday's so she could ride back to the Maggie M for the weekend. Her horse, Sunny, was tied to the hitching rail in front of the office; saddlebags packed and ready to go.
Sunny wasn't really her horse; he belonged to Josh. He had loaned the horse to her for her trips back and forth between town and the ranch. Actually it was more of an intense request that she ride Sunny; Josh said he wanted her on a good horse to make the trip safely.
Maybe Sunny wasn't her horse but she treated him like her own. Every day after work and before returning to the boarding house, she made it a point to go to the stables and visit with Sunny. She always brought an apple or piece of turnip as a treat for the horse. She would spend several minutes with him, brushing and talking to the big buckskin. As far as Sunny was concerned Danni was his human.
Josh was leaning against his horse Diablo when Danni came out of the office. She expected to see Jerry waiting on her and was surprised and pleased that Josh was her escort instead. Danni returned Josh's smile and walked to him and gave him a quick hug.
"Hope you don't mind Danni, but I thought I'd take Jerry's place today and give him a rest."
"Let's go Sir Knight, I'm ready if you are," Danni responded.
They left town at an easy walk, talking and enjoying each other's company. About a mile from the ranch they top a big rise that had a good view of the valley below. The north fork of Black Squirrel Creek with cottonwood trees lining its banks ran at the base of the rise. Josh said that they ought to stop and rest the horses for a bit. As they dismounted, Danni thought it strange because they had been walking the horses the entire way from town. Josh found a fallen tree in the shade and they sat next to each other looking over the valley.
Josh started to say something, stopped, and then started again. Stuttering a little he finally said, "Danni, your special to me. The first time I saw you outside of Mitchell's store I knew how I felt." He stopped for a few seconds, seeming to gather himself and continued, "I love you Danni. I want to spend the rest of my days showing you how much. I guess what I'm saying is, will you marry me?"
From the phrase, special to me, Danni had been smiling. "I love you too Josh. Yes, I'll marry you."
Josh heaved a huge sigh of relief and pulled Danni into his arms. He kissed her long and hard and when he let her go she said, "I thought I was gonna have to have Red explain the facts of life to you. I've been waitin for you to tell me how you felt since that buffalo gored you."
"That's what Red told me," Josh replied laughing. "He said the way I looked at you that night told the whole story. Reckon he was right."
This time Danni pulled Josh into her arms and they held each other. They talked for a bit and then Danni asked, "Where are we going to live? Are we going back to Missouri?"
"I hadn't thought that far ahead. Where do you want to live?"
"With you. You'll be my husband and my home is where ever you decide it should be."
"I think I'd rather stay here. There's really no extra on the farm and my Pa's a long way from being put out to pasture. Besides, according to the letters from Pa, Missouri gonna be a tough place to start fresh after the war. I'd rather build a life here, with you. Okay?"
Danni smiled and nodded. Diablo picked that time to whinny as if to say let's get going; we rested long enough. Josh and Danni laughed, mounted, and continued on to the ranch.
Josh said hello to Daniel and Maggie. He wasn't really surprised when Red and Sarah came out of the ranch house too. Red caught Josh's eye and raised his eyebrows with a question. Josh didn't respond and said he had to get back to the Lazy L. Maggie invited him and Red for supper the next evening.
"Mr. Swede is a pretty good cook but I'd rather eat your cooking Maggie. We'll be here," Red replied.
"Wouldn't have anything to do with the company, would it Red?" Daniel asked trying to hide a smile.
Red laughed and nodded, he mounted and joined Josh for the ride back to the Lazy L. He waited until they had gone about a mile and asked Josh, "Did you talk to Danni?"
Josh didn't look at him but answered, "Yeah, I talked to her." He didn't say anymore.
"Damn it Josh. What did she say?"
He waited a few seconds and answered, "She don't want to move to Missouri, Red."
"Did you tell her you loved her?"
"Yep."
"Did you ask her to marry you?"
"Yep."
"And she said no? I could have sworn she loved you. I'm sorry Josh, I reckon I read it wrong," Red said with a sad tone in his voice.
Josh let him stew for a couple of minutes. "I think we'll get married in the spring, probably in May."
Red lifted his head, puzzled. "Didn't you just tell me she said no when you asked her to marry you?"
"No, what I said was she didn't want to move to Missouri. Neither do I; we're gonna live here," Josh responded laughing at the look on his friends face.
"You sure come out of your shell since you been ridin with me." Red grinned at the trick Josh had played on him. Getting serious he said, "I'm gonna talk to Daniel after supper tomorrow night. Gonna ask his blessing to marry Sarah. It might be a good idea for you too."
"I thought Sarah already said she wanted to marry you?"
"That's right she did and we'll get married come hell or high water. But I need to talk to Daniel about it; it's the right thing to do Josh."
"I guess you're right partner. I'll join you, besides he can't shoot both of us ... Or can he?"
Saturday at the Lazy L seemed to drag on and on. Josh and Red were both on edge all day, waiting for time to leave for the Maggie M. It was about 30 minutes between the ranches at a slow lope, the boys left early and walked their horse most of the way.
Finally Red turned to Josh and said, "C'mon let's go. This can't be as bad as facing Fogerty and his bunch."
Josh grinned and answered, "Don't know about that, but I don't reckon we'll get shot at. You're right, let's get this over with."
Miracle
- 16.04.2022
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