Completed 30 January 2002
This is an Old West story which directly follows Sins of the Past
Spoilers: Sins of the Past, Once Day Out West, Witness
Sheriff Michaels escorted Vin through the doors of the saloon, which had been transformed into a courtroom. Tanner was led over to a table and took a seat between Judge Travis and Chris Larabee. He wasn't shackled, which surprised him. And the sheriff had allowed all three prisoners to bath the night before, for which Vin was grateful. Not having the stench of a week's worth of sweat and dust covering his skin made him feel almost human.
Vin looked up when Judge Fuller walked into the room. Like Travis, Fuller was an imposing figure. He carried himself with all the confidence and authority of his position, even while leaning on an ebony-colored cane. Court was called to order and the testimony began.
"Objection!" Travis cried. "Slanderous!"
"Mr. Harper, please limit yourself to the facts of this case," Fuller said. "The defendant is innocent until proven guilty."
"But Your Honor ... "
"The facts, Mr. Harper. I will not have name-slinging in my courtroom." The Judge turned a stern face to the witness, who seemed to shrink an inch or two down into the chair.
"Yes, Sir. Well, the Sheriff, he arrested Tanner on the spot! But the bast ... the defendant ... " he said sarcastically, "he escaped when he figured he was gonna be hanged."
"Just how long was Mr. Tanner in the Sheriff's custody before he escaped, Mr. Harper?" asked the man sitting at a second table set up in the front of the make-shift courtroom. The man, Randolph Taskey, was a lawyer who had been traveling with Judge Fuller and agreed to act as prosecutor for the trial.
"Less than a day! When the Sheriff let him out to use the privy the next morning he grabbed a horse and took off. So he's a horse thief too!"
Several spectators started nodding and calling out 'horse thief' and 'murderer' until the judge banged his gavel and called for order.
At the defendant's table, Vin hung his head and closed his eyes, ashamed that his friends had to hear this. Chris lay a hand on his friend's shoulder and gave a small squeeze. Vin nodded his gratitude. He took a deep breath and raised his head again, looking at Harper while he continued his testimony. The man finally finished his story and after he answered a few more of Taskey's questions, Travis was allowed to cross-examine him.
"Mr. Harper, where were you when Mr. Tanner brought in the body?" Travis asked.
"Standing right in front of the jail talking with Zeke Butler and Deputy Hawkins."
"And so you heard what Mr. Tanner told the Sheriff."
"You bet I did!"
"Could you repeat what you heard?"
"He told the Sheriff he'd found poor Jess laying on the ground and he wanted to turn him in for the bounty."
"Were those his exact words?"
"Close enough," Harper hedged, squirming in the chair.
"But not exactly," Travis pressed, moving closer to the witness chair.
"Well, I don't rightly recall exactly what words he used. It was a long time ago!"
"Did he mention Jess Kincaid's name? Would you remember that?"
"I don't remember," Harper mumbled.
"Yes, well it has been several years since the killing, so I guess one's memory could be a bit inaccurate. Do you remember Mr. Tanner telling the Sheriff that the man he brought in was a man named Eli Joe?"
"I guess he could have, I don't remember."
"But he did tell the Sheriff that he was turning the body in for a bounty, thought it was an outlaw he'd been chasing, isn't that correct?"
"Yeah, I think that's what he said." Harper pulled on his collar, looking more and more like he just wanted to be out of the room.
"Mr. Harper, did Vin Tanner tell the Sheriff that he had killed the man he'd brought in?"
"No! He told Zeke that he'd found the body on the road," Harper laughed. "Like anyone would have believed that!"
"So he said he found the body, and that it matched the description of the man he'd been hunting and he'd brought the body in to claim the bounty. Is that essentially what Mr. Tanner told Sheriff Butler?"
"Well, yeah, I suppose that's about right." Harper fingered his hat, which he held on his lap.
"How was Mr. Kincaid dressed?"
"What does that have to do with anything?"
"Just answer the question, Mr. Harper," Judge Fuller ordered.
Harper glanced at the trial judge, than back a Travis. "I ... I don't remember. He was wrapped up in a blanket."
"What did he usually wear?'
"I don't know. A work shirt and pants, I guess. He was a farmer, he wore farmer's clothes."
"Did you notice anything unusual about any of the clothing he was wearing that morning when his body was brought in?" Travis inquired.
"No. Nothing," he said harshly. "I only remember that Tanner pulled that blanket away from Jess's face and then tried to claim a bounty on him! But Sheriff Butler arrested him as soon as he saw who he had on that horse."
Travis was slightly distracted by a whispered conversation between Tanner and Larabee. He turned and was motioned to the table. "One moment, your Honor," he said and moved to speak with Chris. Nodding his head, he patted Larabee on the shoulder and turned back to the man on the stand.
"Mr. Harper, are you sure that you saw the body wrapped in a blanket. Could it have been a serape that you saw?"
"Blanket, serape ... what difference does it make? The fact is, he had Jess Kincaid all wrapped up and slung over his horse."
Voices murmured in the background, quiet taunts of 'murderer' going around the room again.
"On to others things now, Mr. Harper," Travis said as he walked back to the table. "Were you there when Mr. Tanner escaped?"
"I sure was! That boy just lit outta town like the hounds of hell were after him!"
"Were they?"
"Excuse me," Harper said, his eyebrows moving together in puzzlement.
"Were the hounds of hell after Vin Tanner?"
"I don't know what you mean."
"How many people were on the street when Tanner escaped?"
"I didn't count them, I guess about twenty or thirty."
"Any of them carrying a rope?"
Harper looked at Judge Fuller then let his gaze fall to the floor, again squirming in his seat and pulling at this collar.
"Mr. Harper, did any of the men have a rope?"
"Well, I suppose it's possible. I mean, sure, why not, it's not like it's against the law to carrying rope around," Harper said, trying to smile at the spectators, getting answering smiles and chuckles from a few.
"Even if that rope was formed into a noose, Mr. Harper?" Travis asked.
"Well ... " the witness frowned. "Damn it! He killed Jess Kincaid!"
"Who carried the noose, Mr. Harper?" When he didn't answer, Travis looked at Fuller.
"Mr. Harper, answer the question," Fuller demanded.
Harper looked at the Judge, then at his hands, once again twisting his hand between his hands. "Well, ah, I think ... uh ... "
"Did you have a rope in your hand, Mr. Harper?"
"No! Of course not!"
"But you were part of the crowd that morning, were you not? Part of the crowd that planned on seeing justice served?"
"That sonuvabitch killed Jess Kincaid!" Harper said, pointing at Tanner. "He deserved to die!" Several men in the crowd stood and started yelling at Tanner. Judge Fuller once again slammed his gavel down on the table.
"Order in the court or I'll have you all tossed out of here!"
Slowly the men quieted and sat down.
"I have no further questions at this time, your honor."
But Harper wasn't through. "He ran! An innocent man wouldn't have run!" Several in the crowd and on the jury nodded their heads in agreement as Judge Miller once again banged his cane on the table.
Several other townsfolk took the stand and told their versions of what happened that day. Traskey pulled in a number of men who had known Jess Kincaid to testify. And he'd questioned some who had been in town the morning the Vin had brought the body in. No one could remember anyone saying that Vin had actually shot Jess Kincaid. And no one had admitted witnessing the shooting. So far, there was no direct evidence that Vin had killed Kincaid, aside from the fact that he'd brought the body into town. But several voiced the same opinion, that he wouldn't have run if he wasn't guilty.
Most of those who had known Kincaid were vocal in the condemnation of Tanner. They knew Kincaid to be a quiet, unassuming farmer.
Everyone who spoke of Kincaid, told of a man who always seemed to be sad or preoccupied, like he had the weight of the world on his shoulders. No one knew much about his past, because he didn't like to talk about it. They figured it was his business.
They had learned that Jess Kincaid's family had moved back east after he'd been killed. Sheriff Michaels had tried to contact them about the trial, but hadn't gotten a response to any of his wires.
The men met later at the saloon to discuss the first day of the trial. Travis seemed to think things were going okay. Chris was just grateful that Harper wasn't on the jury. Judge Fuller had refused to allow anyone on the jury who was due to testify during the trial. The jury was made up of town residents, some of whom had lived there when Jess Kincaid had been killed and some who hadn't. Travis thought that was good for Vin, since those who didn't know Jess Kincaid wouldn't be inclined to automatically think the sharpshooter was guilty.
Early the next morning, Ronald Traskey and Judge Fuller were in the hotel dining room, having breakfast together.
"Mr. Traskey?" The attorney turned and look up.
"Yes, Mr. Harper?" he asked, setting down his fork. He glanced at the man standing next to Harper. He was tall, but slender, about forty years old. His brown hair was cut short and a scar marked his right cheek.
"This is Zeke Butler," Harper introduced his companion. "He was Sheriff here when Jess Kincaid was killed."
"Yes, I recognize the name," Traskey said, looking across the table at Fuller.
The judge stood, placing his napkin on the table. "I'll take to you later, Ron," he said.
"But Judge, wait!" Harper insisted. "He's got important information about the trial."
"Then I'll hear about it during testimony, Mr. Harper. I have to stay neutral here. I can't appear to be favoring either prosecution or defense. So I will leave you to talk to Mr. Traskey. If he feels your information is important, I'm sure I'll hear about it during the course of the trial." The judge placed his hat on his head and nodded at the three men before leaving them to talk.
Traskey approached the witness chair. "Mr. Butler, I understand that you were the Sheriff in Tascosa when Jess Kincaid was killed," he said.
"Murdered, you mean," Butler replied. "Yeah, I was here when Jess was murdered. I was here when that sonuvabitch brought poor Jess's body in." Butler glared at Tanner, who kept his gaze on the table in front of him.
Everyone in the courtroom could see the barely suppressed hatred showing on Butler's face.
"You recognized Mr. Kincaid then?" Traskey asked.
"You bet I did! Jess was a good friend of mine. His wife, Isabelle, was one of the best people I know. She and her two kids had to sell the farm and move back east after Jess was killed. She just couldn't handle that farm all alone." The room was quiet now as Butler spoke of Kincaid's family. Those who had known Isabelle Kincaid remembered the day she and her children boarded the eastbound stage. Butler let his eyes roam around the room as he talked.
"Isabelle and her younguns left here in tears. First having to bury Jess and having the man who killed him run like the coward he is. Then losing the farm that was their dream. Those kids were born here and had to leave the only home they'd every known."
The ex-sheriff brought his gaze back to Vin. "Are you proud of what you done to them, Tanner? You left 'Belle a widow and those two kids without a daddy. You're gonna hang you bastard!"
Voices shouted curses and threats at Tanner and several men pressed forward. Buck, JD and Josiah joined Sheriff Michaels and Horace in keeping them back.
"Order in the court!" Fuller yelled over the din. "I will have order in the court!" Gradually Michaels and the others were able to get the crowd quieted down and back in their seats.
Judge Fuller addressed the crowd. "One more outburst like that and I will clear the courtroom for the rest of this trail and Sheriff Michaels will be tossing some of you in jail." He turned to the ex-sheriff. "And you, Mr. Butler. I will not tolerate cussing in my courtroom. Any judgments of guilt or innocence will be made by the jury and by me. Is that clear? I won't have you riling these folks up."
"Yes, Your Honor. I'm sorry. But I chased that man for over a week." Butler's jaw was clenched tightly. "Jess Kincaid was my friend."
"I understand that, Mr. Butler. But you were once a lawman. Mr. Tanner is innocent until proven guilty."
Butler took a deep breath and nodded his head.
"Continue, Mr. Traskey," the judge ordered.
"Yes, Your Honor. Now then, Mr. Butler, tell us what happened the morning Mr. Tanner came into town."
Butler shifted in his seat. "I was sitting on the porch outside the jail with George Harper. I'd just relieved my deputy and the three of us were talking about how quiet things were. We saw a man riding into town, pulling another horse behind him. When he got closer, I saw something slung over the second horse. When I realized it was a body, my deputy and I moved to talk to the man, who turned out to be Tanner. He said he was there to collect a bounty and pointed to the body." Butler closed his eyes, shaking his head.
"What happened next, Mr. Butler?" Traskey asked.
Butler opened his eyes and looked up at the prosecutor. "Tanner got off his horse and handed me a wanted poster. Said the body was a man he'd been chasing for weeks. He smiled, saying he was glad to get a chance to rest now that he'd caught him." Butler snarled, glaring at Tanner. "He was actually happy to have a dead man slung over that horse."
"Yes, under the circumstances, I can see where that would upset you," Traskey sympathized. "When did you discover that the body was that of Jess Kincaid?"
"Just a few minutes later. I went over to check the body. I needed to make sure that the face matched the wanted poster. The bounty was a thousand dollars. I had to be sure we were paying out for the right man. I pulled back the blanket to get a look at the body. I almost didn't believe it at first. I told myself I was seeing things. Then I heard Tanner telling my deputy that he 'found' the body. He said he couldn't believe his luck, that the body was just laying out there on the road, all convenient-like."
"What happened then?" Traskey crossed his arms across his chest and leaned against the table he was using for a desk in the courtroom.
"I pulled my gun and told my deputy to arrest Tanner for the murder of Jess Kincaid."
A quiet murmuring started to work its way through the crowd. Judge Fuller looked up and reached for his gavel, but silence fell again before he needed to use it. He nodded his satisfaction.
"What did Mr. Tanner do when you told your deputy to arrest him?" Traskey asked.
"He backed up, trying to get away, like the coward he is." Several heads could be seen nodding in agreement, both in the crowd and in the jury box. "Then he started yelling about finding the body, saying he didn't shoot him, somebody else did." Butler laughed.
"I take it, you didn't believe him."
"Hell, no! I figured he was just tired of chasing that other fella he had the poster on and shot the first person he came across that vaguely fit the description. A thousand dollars is a lot of money. Enough money to tempt any man to kill."
Vin lowered his face into his hands. "I didn't kill him," he whispered. Only Chris and Orin could hear him. "I didn't kill him," he repeated shaking his head.
"Easy, Vin," Chris quietly told him. "The truth will come out. You knew this would be hard. You gotta believe the jury will see the truth."
"Chris, look around you. Look at the jury. Half of them agree with Butler."
"The other half doesn't. Don't give up here, Vin. We didn't come this far for you to give up."
Tanner looked up and met his friend's eyes. He saw the strength there and the determination. And he saw the belief in Vin's innocence. He trusted this man with his life.
Two days later, the prosecution rested and Orin Travis began his defense. The first person he called to the stand was Sam Hunter, the undertaker.
"Mr. Hunter, you told Sheriff Michaels that you were the one who readied Jess Kincaid's body for burial."
"Yes, Sir, that's correct."
"What was the condition of the body?"
"He had been shot and it appeared that he'd been in a fight before he died."
"How do you mean?"
"He had some marks on his face and his knuckles were swollen."
"How did he die?"
"Gunshot wounds."
"Wounds. Plural, as in more than one."
"Yes, sir, there were three."
"Where was he hit?"
"Well, if I recall, one in the shoulder, one in the leg and another in the arm."
"Those wounds in and of themselves don't sound fatal."
"I reckon not, if he had been able to get to a doctor. I figure he bled to death."
"I see. And the marks you saw. Could you tell how old they were?"
"They looked pretty recent. He had a couple small cuts on his face and some redness on his stomach."
"And the bullet wounds, did they enter from the front or the rear of the body?
"Both."
"How so?"
"The one in his arm came from the front, the one in his shoulder entered from the rear."
"And the one in leg?"
"More on the side, like maybe he was turning away or something."
"Anything unusual about any of the wounds?"
"Well, the one in the shoulder went in low, came out high."
"What do you mean?"
"Like whoever shot him held the gun at an angle, down low. Either that or Jess Kincaid was falling when the shot hit him and it went in at an angle as he went down."
"How was the body clothed?"
"If I recall correctly, he was wearing a red shirt and some dark wool pants."
"And the blanket he was wrapped up in."
"Blanket? I don't recall a blanket. He did have something colorful wrapped around him, but it weren't a blanket. More like one of those things the Mexicans wear."
"A serape?"
"Yeah, I think that's what it's called."
"Ever see Mr. Kincaid wearing something like before."
"No, he never wore nothing that colorful. I figured it belong to the man that brought him in."
"Thank you, Mr. Hunter. No more questions, Your Honor."
"Mr. Taskey?" the Judge inquired if the prosecutor had questions.
"Just one question. Mr. Hunter, were you able to determine how long Jess Kincaid had been dead?"
"No accurate like. It was more than a few hours, since the blood was dry. But I couldn't tell you for sure."
"No more questions, thank you."
"So, Mr. Bickers, you were here the morning Vin Tanner escaped from custody?" Travis asked the man on the witness stand.
"Yes, sir, I was in town getting supplies." Micah Bickers was a local rancher whom Chris and Buck had talked to during their rounds in the area. When he'd mentioned that he'd been in town that morning, and seen the townsfolk try to lynch Tanner, they'd asked if he'd be willing to testify to what he'd seen and he had agreed.
"Tell us what you saw that morning, Mr. Bickers."
"Well, I was standing in front of the bank waiting for it to open. I heard a commotion over by the jail and saw a group of folks there, looked like they was upset. I started walking over that way, but then I saw one of them holding a noose. I didn't want no part o' that, so I stayed where I was."
"Did you see Vin Tanner?"
"I never knew the man's name, but I saw them drag a man from the jail."
"Who brought him outside?"
"The sheriff and a couple of the townsfolk."
"Do you know why they were bringing him out of the jail?"
"No, Sir, but ... "
"But what, Mr. Bickers?"
"Well, sir, the sheriff, he started talking about justice and that man being found guilty."
"So, there had already been a trial?" Travis was confused. He hadn't thought any trial had actually taken place.
"Well, sir, that's just it. When they held up that noose and started talkin' about justice, the prisoner, he started yellin' about being lynched. And the deputy came up then and started tryin' to talk calm everyone down, sayin' that the man had a right to a fair trial."
"So, the sheriff was part of the lynching party?"
"Well, sir, I don't know about that. I know he was out there and he certainly wasn't trying real hard to keep the crowd from getting near his prisoner. I saw a couple of them punch the man and kick at him."
Chris turned to look at Vin. "You never told us that," he said quietly.
"Didn't seem important," the quiet tracker responded.
"It's all important, Vin. Anything that'll help is important." Tanner nodded.
"So, Mr. Bickers," Travis continued, "do you remember what happened then?"
"Well, the crowd started closing in on the prisoner. All the sudden a couple of folks fell down and the prisoner took jumped on a horse and took off outta town. The deputy and the sheriff took a couple shots at him, then ran to the livery and a few minutes later a saw them ride out in the same direction that their prisoner took, along with about a dozen men from town."
"Thank you, Mr. Bickers."
"Mr. Yates, you were arrested for impersonating a Federal Marshal in Four Corners, is that correct?"
"Yeah." Yates glared at Larabee and Tanner.
"What was the reason behind this impersonation?" Travis asked.
"We figured it was the only way we could get Tanner out of the town without a fight."
"Who's we?"
"Me and my boys."
"And how did you know that Mr. Tanner was in Four Corners?"
Yates didn't respond, instead he looked down at his feet.
"Mr. Yates, answer the question," Fuller ordered him.
"Eli Joe," he mumbled.
"Speak up, Mr. Yates."
"Eli Joe told us he was there."
"And what were you supposed to do after you got Vin Tanner out of town?" Travis asked.
"We were supposed to deliver him to Eli."
"Why?"
"He didn't say," Yates replied arrogantly.
"He asked you to go through this elaborate ruse and he didn't say why. And you didn't bother to ask?"
"You don't question Eli Joe's motives," Yates insisted. "He killed people who disagreed with him." Travis smiled, letting Yates know he'd made a statement that was beneficial to the defense. "Tanner had a price on his head. Eli Joe told us if we got him out of town and brought him to where Eli was, we'd be able to split the bounty when Eli Joe was done with him. Five hundred dollars goes a long way."
"And what happened when you brought Mr. Tanner to meet with Eli Joe?"
"Eli decided to hang him."
"Why?"
"Who knows. Didn't matter to me, the bounty said 'Dead or Alive', so if Eli wanted to make a point it didn't make no never mind to me. His body woulda still got me the money." Yates felt a chill go down his back and turned to see Larabee staring at him, his eyes cold as ice. The fake marshal swallowed and turned to look at the crowd, only to have his eyes fall on the rest of the Four Corners contingent, each of them looking at him like they'd just as soon spit on him. Or shoot him.
"Did Eli Joe and Vin Tanner talk before you and your men tried to hang Mr. Tanner?"
"Yeah, they did."
"Did you hear this conversation?"
"Yeah."
"Did Eli Joe say anything about framing Vin Tanner, either that day or at any other time that you were riding with him?"
"I don't recall," he said smugly. He glanced back at Larabee and swallowed at the look of hatred evident on the gunslinger's face. But Yates didn't care. He was going to die anyway for the crimes he'd committed. He wasn't about to make Tanner's life easier.
After another twenty minutes of testimony, Yates was taken back to jail. He hadn't admitted hearing anything about Eli Joe killing Jess Kincaid.
Travis brought Granger in next and was able to get him to admit that Eli Joe had told his men that he'd framed Tanner. And Travis showed the jury the statements from the other surviving gang members saying that they'd also heard Eli Joe talk about framing the ex-bounty hunter. But it was all hearsay, and it was a toss up whether the jury would believe the word of murderers and thieves.
"I've known Vin Tanner for almost two years," Mary Travis said. She'd been called to the stand as the first character witness. Others would follow. "He helped chased down the man who killed our mercantile store owner and shot my father-in-law," she continued, giving a small smile to that father-in-law, Orrin Travis. "He and the rest of the peacekeepers in our town stood up against a much larger group and brought the man to justice."
"Over the months that I've known Vin, he's always been kind and compassionate. The only times I've ever seen him angry are when a member of our community or some innocent person have been preyed upon by the criminal element that came to the area looking for easy targets. Mr. Tanner and his fellow peacekeepers have made our small town a wonderful place to leave. People aren't afraid to walk to the streets anymore.
"He's a tracker, who has been able to locate lost children and track down bank robbers and murderers. He's a sharpshooter who has saved the lives of many people in our town with his accurate and timely shooting, myself included. He's very patient with my young son Billy, which I find extremely enduring." Mary glanced over at Vin, who blushed at all the nice words.
"Vin Tanner has been an asset to our little town. I can't imagine him killing an innocent man just to collect a bounty."
" ... .then he stepped up to join the Sheriff in front of the jail, and forced those people to step down. He and Sheriff Dunne were not about to let Lucas James go, not after he'd killed my husband." Mrs.Potter was regaling the packed courtroom with her first real encounter with Vin Tanner. "After hearing those townspeople talking about letting that man go, I was overjoyed that Vin Tanner and JD Dunne would stand up to them and see that justice was done. It took true courage to face down a town of vigilantes. I will be forever grateful to them and the rest of the seven who keep our town safe."
Nettie Wells spoke, as did her niece, Casey. Several others from Four Corners also told their stories of Vin Tanner and the seven. Each person who testified tried their best to convince the jury and Judge Fuller that Tanner was a good man who could not have killed Jess Kincaid. Until finally ...
"Vin Tanner didn't kill Jess Kincaid." The statement was delivered with a flat certainty. Chris Larabee believed it and he expected others to believe. "I've been riding with Vin for over a year and there is no way that that man," Chris said, pointing toward Tanner, "would knowingly kill an innocent man just to collect a bounty." Larabee's tone was matter-of-fact and his dark gaze dared anyone to refute his words.
"Vin helped me save Nathan Jackson from hanging. He helped bring to justice the man who killed Mrs. Potter's husband. He helped bring down a corrupt prison warden who was imprisoning innocent travelers, including me, and sending ransom demands to their families. He's helped us catch some of the worst criminals to hit the territory in years. He's saved my life a dozen times.
"I would ride the river with him. I'd be honored to call him family."
Chris looked straight at Vin, his intense gaze portraying the truth of his words. He smiled at the shocked expression on Tanner's face, the tracker's wide eyes showing his shock. Slowly a smile crept onto Vin's face. His small nod to Larabee was returned as both acknowledged their connection.
"I trust Vin Tanner with my life," Chris continued. "I trust him with the lives of my friends. I only wish my son was still alive so that he could learn about life from Vin. I would have been proud for my boy to know him."
Vin turned when he felt a hand on his shoulder and turned to find Buck right behind him. Wilmington knew the depth of feeling that Chris had for Tanner in order to say what he had. Buck had been privileged to be in that spot for a long time and welcomed Vin there as well. He, too, wished that Adam could have met Vin. The kid would have enjoyed learning how to track from a man who had lived with Indians.
"I may not have known Vin Tanner for a long time," Larabee concluded, "but I know him well enough to know that he would never have killed Jess Kincaid."
Orin Travis decided to let Chris' statement speak for itself. But Robert Traskey did not.
"Mr. Larabee," he began, pushing himself up from behind the table he was using. "I understand that you are a gunslinger."
"That's what some folks call me. I never did anything but defend myself against men trying to kill me."
"You're a hired gun."
Chris smiled. "I'm not the one on trial here, Mr. Traskey."
"Indeed your not. But you're asking us to believe that Vin Tanner is an upstanding citizen. A man who has hunted men, lived with Indians. Your own reputation isn't of the high caliber. Why should we believe you?"
Chris smiled. "Mr. Traskey, I never professed to be a saint. But a man in my position has no need to lie. On the contrary, I've often been accused of being brutally honest, which doesn't always set well with people. Which is why I had to shoot some of them when they took offense."
Soft laughter rolled around the courtroom as Chris continued. "I've learned over the years how to read people, to be able to determine quickly who can and can not be trusted. Vin Tanner has earned not only my trust but that of the people of Four Corners and of Judge Travis. Yes, he's been a bounty hunter. And he's lived with Indians. All that did was give him a greater appreciation for life. He's not perfect by any means. But he's not a cold blooded killer either."
Traskey asked no further questions. Chris stepped down and walked back to the defendant's table. He put a hand on Vin's shoulder and squeezed.
"Thanks, Cowboy," Tanner told him.
"Anytime, pardner, anytime."
At the end of the day, Travis called his last witness. The accused took the stand in his own defense.
"I didn't shoot Jess Kincaid. I found him in the area where I had tracked Eli Joe to the morning before. He was dressed in a serape just like the one Eli Joe wore. I'd only seen Eli a couple times and even then it was from a distance. And this man looked like him, was wearing his clothes. I thought it was him. When I worked as a bounty hunter, I always did my best to verify the people I was bringing in. And I never, never, killed someone I didn't have to. Even when the poster said "Dead or Alive" I always tried to bring them in alive. The man I brought in was wearing clothes like Eli Joe always wore and he was lying on the ground next to the horse I'd been tracking for a month.
"I didn't know who killed Kincaid, but from the looks of the blood on the ground, he'd been there awhile. It wasn't till later that I figured it must have been Eli that killed him. Tell the truth, I was just grateful that whoever shot him must not of known about the bounty. So I put the body over back'a Eli Joe's horse and took it into town.
"I tried to explain to the Sheriff what happened, but he just kept yelling about Jess Kincaid and what a good man he was. He just wouldn't listen to me. At first, I didn't know what he was talking about. Not til some other feller came up and asked the sheriff what had happened to poor Jess and the sheriff telling the feller that I shot him! Well, I kept trying to tell him, I didn't shoot him, I just found him. But the sheriff just threw me in the jail cell.
"When he took me outside the next morning and them folks started coming after me with a noose, well I got scared. I know I shouldn'ta run, but I wasn't about to be strung up like some mangy dog for something I didn't do."
After several questions to clarify points from both defense and prosecution counsels, Travis turned to the judge.
"The defense rests, Your Honor."
"No!" a young voice cried out from behind the defense table.
"Billy! Shhh. Be quiet," Mary tried to tell the boy. But he jumped up from his seat and ran to his grandfather's side. "Grampa, you promised that I could be a karaker witness. I have to tell the judge about Vin."
Travis was flustered. "Excuse me, Your Honor. Billy, son, it's okay. Your mom and Mrs. Wells and the others already did that."
"But you didn't ask me!" Billy insisted, pleading with his grandfather for his chance to talk about Vin Tanner.
"Mr. Travis, I have no objection to hearing the boy's testimony," Traskey said with a smile. "If it's alright with His Honor."
"I think that'll be just fine," Fuller said. "Young man, do you have something to say to the court?"
Billy turned and faced the imposing man sitting behind the table. "Yes, Sir," he said meekly. Looking at Chris and Vin out of the corner of his eye, he saw Larabee wink at him, which gave him the confidence to stand up a little straighter in front of the man in charge of the trial.
"Well, son, don't just stand there. Come up here and take a seat."
The boy walked confidently to the witness chair and awkwardly climbed up. He turned to face the judge.
"Okay, son, first of all, what's your name?"
"Billy Travis."
"Well, Billy Travis, what would you like to tell us about Vin Tanner?"
"Well, sir ... Your Honor ... is that right, Grandpa?" his whispered, sneaking a peak at Orin. The courtroom erupted in laughter.
"Yes, Billy, that's the correct title for the Judge." Travis grinned at his grandson then turned to look at Mary, who beamed proudly at her son.
Billy nodded and turned back to the judge. "Well, Your Honor, Vin is the best tracker in the whole world. And he fishes real good too. And he can shoot the wings off a fly from a mile away. But he wouldn't cause he says flies have a job to do, too. He says that even a fly is a wild creature and shouldn't be killed just for being a nuisance."
"So, does Mr. Tanner take you fishing, Mr. Travis?"
"Oh, yes sir, Your Honor, sir! Him and Chris both do. Sometimes we all go together. In fact I told Chris to invite Vin fishing when we get back home."
"Is that so? Well, then I guess you better continue then, so that we can finish up here."
"Well, my ma said that to be a karaker witness, it means telling good things about people."
"That's right."
"Well, I know that Vin is a good man. He helped Chris find the man that killed my pa. And he helped Mrs. Nettie save her farm. And he helps find people when they get lost. And he helps catch bad guys, like the gang that robbed the bank. And Your Honor sir, I just know he couldn't a killed that Mr. Kincaid."
"And how do you know that, Billy?"
"Cuz Vin wouldn'ta had to shoot him so many times. If he'd'a killed him, he woulda only had to shoot him once." The others starred at Billy in silence. No one had realized that Billy had been paying such close attention to the testimony. But he was right. Vin was such a good shot, if he had been the one to kill Kincaid, one shot would have been all that was needed and it would have been a clean shot to the head or the heart. That's how Tanner operated.
"And you know what else, Your Honor."
"No. What else, Billy?"
"Everybody in town really likes Vin. So many people wouldn't like him if he was a killer, would they? My ma likes him. And Miss Inez. And Mrs. Nettie. And Casey and Mrs. Potter and Mr. Baker at the blacksmith and ... "
"I understand son. Is that all?"
"Yes sir. That's all." Billy turned around and faced front again.
"Okay, young Mr. Travis, thank you for your testimony. You may step down."
Billy climbed off the chair and walked back to his seat, smiling at Vin as he walked by. The tracker smiled back at him. Vin turned to look at Chris, his friend laying a hand on his shoulder.
As Billy was walking back to his chair, a commotion at the rear of the room caused everyone to turn around. Fuller smacked his cane on the table.
"Order in the court. What's the meaning of this disruption?"
"Sorry, Your Honor. I didn't mean to interfere with testimony, but I wanted to be sure I got here in time." A man was walking up the aisle toward the front of the makeshift courtroom. He was tall and muscular with black hair and dark eyes. On his left chest he wore a badge. He was dusty and he appeared exhausted. Several of the townsfolk appeared to recognize the man.
"What's your name, son?" Fuller asked.
"Pete Hawkins, Sheriff Pete Hawkins from Bitter Creek."
"And what is your interest in these proceedings?"
"I was a deputy here when Jess Kincaid was killed sir." Chris and the others looked at the man in shock, not sure if this man could help Vin or hurt him. But from the earlier testimony, they knew that this man had tried to stop Vin from being lynched and they could only hope that his being in Tascosa was a good omen.
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