CHAPTER 37
Luke's brain worked with lightning speed. He stepped away from the horse and moved toward the man who had just accosted him, saying in an angry growl, “Damn it, what are you doing back here? The sheriff told
me
to stand guard out here by the shed.”
Moonlight reflected on the gun in the man's hand. Luke's quick reaction confused him, though, so he lowered the gun and stepped forward.
“Who's that? That you, Charlie?”
Luke grunted and took a step, too, which brought him within reach of the man. The silvery light shone on the badge pinned to the deputy's vest, as well as glinting from the gun barrel.
“I swear,” the man went on, “the right hand never knows what the leftâ”
Before he could finish the old saying, Luke's right fist came up and shot out to crash into the man's jaw. The blow had all of Luke's considerable strength behind it and landed solidly. The deputy's chin snapped to the side, and his knees unhinged.
He dropped like a rock, already out cold when he hit the ground.
For a second, Luke massaged his right hand with his left. He hated to hit anybody like that with his primary gun hand, but he hadn't had time to do anything except strike swiftly, with enough force to knock his enemy unconscious.
Luke stooped, picked up the gun the man had dropped, and stuck it behind his belt. He got hold of the deputy under the arms and dragged his limp body into the shed. When he reached the tack room, he kicked the grain sacks aside, lifted the trapdoor, and lowered the deputy feet-first through the opening before dropping him.
The man landed with a dull thud at the bottom of the ladder and collapsed into a senseless heap.
Luke descended quickly, taking one of the burlap bags with him. He took out his knife to cut the bag into strips, then used them to tie the deputy's hands and feet and gag him. The man was showing signs of coming around, but there was nothing he could do now. Trussed up like that, he was helpless.
Luke dragged him to the side of the tunnel and left him there. Chances were, the deputy wouldn't be missed for a while, and even if he was, it was unlikely any of Axtell's men knew about this old tunnel from the judge's house to the shed. The fellow would be uncomfortable but all right until Luke came back to free him or sent someone to do the job.
And if nobody ever came back, Luke figured the deputy could work his way loose eventually. It might take him a day or two, but he wouldn't die in that time.
Luke climbed back up the ladder and replaced the other sacks. This time when he left the shed, he didn't encounter anyone else, so he was able to untie the gray and lead the horse away from the shed. He didn't mount up and urge the gray into a run until he was several hundred yards from the judge's house and the edge of town.
Then he headed for the box canyon where he had left Judd Tyler without wasting any time.
* * *
Luke's innate sense of direction once again came in handy. He was able to retrace his trail without much trouble, and the time was still a little shy of midnight when he reached the canyon. Knowing that Tyler might be standing guard just inside the entrance, he called out, “It's me.”
“Come ahead, Luke,” Tyler replied.
Luke was cautious as he rode into the canyon. If some of Axtell's killer deputies had found the hideoutâas unlikely as that seemedâthey might be using Tyler as bait to trap him, too. Luke figured if that had happened, Tyler would try to find some way to warn him, as he had in the past, but anything was possible.
So being careful was a lot better than a bullet out of the dark.
In this case, however, the concern turned out not to be necessary. With Luke's Winchester cradled in his arms, Tyler met the bounty hunter where the passage widened out into the hidden canyon.
“What happened?” Tyler asked before Luke could even get off the horse. “Were you able to talk to Judge Keller?”
“I did,” Luke said as he swung down from the saddle. “I talked to both the judge and his wife.”
“They're mighty fine people.”
“That's the impression I got, as well. I don't know if the judge believes your story, but I think Mrs. Keller does.”
“I'm not surprised,” Tyler said. “She would've mother-henned me as much as I'd let her.” He sighed. “Maybe I should have. Things might've turned out a whole heap different.”
“Dwelling on the past won't do us any good. Let's just concentrate on the future, and the first step is the trial. The judge has agreed to hold it tomorrow morning, so we need to get back to White Fork tonight.”
Tyler let out a low whistle of admiration and said, “Man, you don't mess around once you start getting things done, do you?”
“I don't believe in wasting time,” Luke said. “Saddle up that pony. You're going to spend what's left of the night at the Keller house.”
“Axtell's bound to have guards out,” Tyler said. Luke could hear the worry in the young man's voice even though in the stygian gloom of the canyon he couldn't see the frown on Tyler's face.
“The sheriff's already posted guards around the judge's house. He's making it sound like you want to kill Keller so he'll have a good excuse for gunning us both down if he or his men get the chance.”
“What? I wouldn't hurt a hair on that old man's head!”
“The judge knows that, and so does Mrs. Keller.”
“But how are we gonna get past the guards?”
“I know a way,” Luke said. “How do you feel about being underground?”
“As long as it's not six feet deep in a grave, I don't reckon I mind.”
* * *
The moon had set by the time they reached the settlement. Luke was counting on the darkness to help them reach the judge's house without being spotted.
He reined in while they were still half a mile away and said, “We'd better leave the horses here. We don't want any of Axtell's men stumbling over them. Even this far out, there's a chance of that, but we'll have to risk it.”
“I purely do hate to walk any time I don't have to,” Tyler said with a sigh, expressing the true Westerner's attitude about being afoot. “But I reckon you're right.”
They dismounted, stripped the saddles from the horses, and picketed the animals where there was some graze. Then they started toward the judge's house.
“I hope you know where you're goin',” Tyler muttered. “I can't see a blasted thing.”
“Which means they'll be a lot less likely to see you,” Luke said.
He led Tyler toward the shed, stopping frequently to listen. No one seemed to be prowling around in the darkness except the two of them.
They reached the shed without incident. Luke moved the sacks and lifted the trapdoor.
“There's a ladder here, like I told you,” he said. He had explained to Tyler about the tunnel while they were riding to White Fork from the box canyon. “You'll have to work your way down by feel. Once you're in the tunnel, be careful not to trip over the deputy who's tied up down there. I don't think he can do anything, bound like he is, but it's probably best to avoid him anyway.”
“You sure do get yourself in some mighty strange circumstances, Luke.”
“Yes, that thought has crossed my mind as well. Let's go.”
Tyler went down the ladder first. When he called back up softly to let Luke know he'd reached the tunnel, Luke descended, too. He heard a muffled noise and realized it came from the prisoner he had left here earlier.
Tyler chuckled and said, “Sounds like that fella's cussin' you out pretty good.”
“I wouldn't doubt it, but that's all he can do. Although maybe I should tap him over the head with a gun butt, just to make sure he stays quiet if he were to work that gag loose.”
The incoherent cursing stopped.
Luke found Tyler's arm in the darkness and urged him toward the basement underneath Keller's house. He slipped one of the Remingtons from its holster, bent over, and grabbed the deputy's shirt collar. The man knew what was coming and tried to writhe out of Luke's grip, but Luke struck swiftly and surely. The gun butt thudded home, and the prisoner went limp again.
Luke checked the bonds and the gag and found them still secure. A few more hours and it wouldn't matter, he thought. The eastern sky had held a faint tinge of gray when he and Tyler got here, so dawn wasn't too far away.
Keeping his left fingers brushing the tunnel wall on that side, Luke knew when he reached the basement. He felt broken cobwebs brush against his face, too. Knowing it was safe now, he fished a lucifer from his shirt pocket and snapped it to life with his thumbnail.
Tyler winced from the sudden light and said, “Warn an
hombre
next time, why don't you?”
The basement looked just like it had when Luke saw it a few hours earlier. He pointed to the stairs and said, “That leads up to the kitchen. Be careful when you go out. Judge Keller's liable to be sitting there with a Henry rifle across his knees. We don't want to spook him.”
“He'll hear us coming up the stairs, won't he?”
“He will if he's awake, but he might have dozed off.”
“Yeah, he's not as young as he used to be, I reckon, and it's pretty late. I'll stomp pretty hard.”
“You do that,” Luke said.
They went up the stairs, Tyler making plenty of clattering racket as promised. When he swung open the door and he and Luke stepped out into the kitchen, the judge was standing beside the stove pouring coffee in three cups. Keller still wore his dressing gown and had the Henry tucked under his left arm.
“Figured it was you boys,” he said. “Either that, or a herd of buffalo was coming up from my basement.”
Tyler grinned and said, “Howdy, Judge. It's good to see you again.”
Keller
harummphed
and replied, “I wish I could say the same, young man. Or that the circumstances were different, anyway.”
Luke said, “Your Honor, I need to tell you that one of Axtell's deputies is tied up down in that tunnel. I ran into him on my way out earlier and left him there.”
“Good Lord, Jensen! If this turns out badly, you're putting me in a position where I'll likely be thrown off the bench.”
Tyler said, “If this turns out badly, Your Honor, I'll wind up either full of lead or twistin' in the breeze at the end of a rope. So I reckon I've got even more at stake than you do.”
“Well, no doubt about that,” Keller said, frowning.
“Anyway, Your Honor,” Luke went on, “I figured I'd better tell you about that fellow, just in case something happens to me. I wouldn't want him to die of thirst down there.”
“I don't want a corpse under my house, either. I'll see to it that he's set free, if it becomes necessary. In the meantime, I've been thinking about how we're going to proceed in the morning. Or, I should say, in a few hours.” The judge gestured toward the coffee. “Let's sit down and figure this out.”
CHAPTER 38
When they were all sitting around the kitchen table sipping the strong black brew, Luke asked, “Where's your wife, Your Honor?”
“Mildred had to turn in,” Keller said. “She wanted to stay up, but she was just too tired. None of us are as young as we used to be.”
“I was just sayin'â” Tyler began, but Luke silenced him with a kick to the shin.
“Saying what?”
Tyler shook his head and said, “Never mind. How are we gonna get to the courthouse without Axtell or some of his men spotting us?”
“I can go to the courthouse any time I want to. They're not watching me. They won't pay any attention if I drive up to the rear door in my buggy. I thought you could ride behind the seat, under a blanket, Judd, and then we'll whisk you inside so you'll be safe in my courtroom before anyone knows you're there.”
“And there's nothing stopping me from simply walking up the street to the courthouse,” Luke said. “Axtell and his men probably don't know what I look like, so if I'm not with you, there's a good chance they won't recognize me.”
Tyler thought about it and nodded. He said, “Yeah, it sounds like it ought to work. The biggest risk will be in the few seconds it takes to get from the buggy to inside the courthouse.”
Luke said, “I'll leave here first and be in position to cover you if necessary. I don't think it will be, though. I believe we stand a good chance of taking Axtell by surprise.”
“He's gonna be surprised, all right. And so are Spence and his pa. When the trial's over, you're gonna need to issue an arrest warrant for Spence, Your Honor, but I don't think Axtell will carry it out.”
“If that turns out to be the caseâand that's a big
if
, I'll remind you, I can declare an emergency, remove Sheriff Axtell from office, and appoint an acting sheriff to uphold the law. Perhaps . . . you, Mr. Jensen?”
“Me?” Luke said. “I've never worn a badge.”
“There's always a first time for everything.”
“Well, no offense, Your Honor, but I hope it doesn't come to that.”
Tyler said, “It'll come to that, or worse, mark my words. Manfred and Axtell aren't gonna let anything happen to Spence. Not without putting up a fight.”
Keller cleared his throat and said, “All of this, of course, depends entirely on the evidence you claim to have, young man. I don't suppose you'd care to tell me what it is.”
“Now, Judge,” Tyler said with a grin, “that wouldn't be legal and proper-like, would it? Doesn't all the evidence have to be presented in court?”
Keller scowled and said, “No one knows the law better than a reprobate.”
“Sounds like one of your quotes, Luke.”
“I'll leave matters of jurisprudence to you two,” Luke said as he picked up his coffee cup. “It's been a long night, and morning will be here before you know it.”
* * *
Luke got a few odd looks as he walked toward the courthouse at the north end of White Fork's Main Street, but he assumed that was because the townspeople he passed didn't know who he was. Folks who lived in these western settlements were always interested in strangers.
He didn't think any of Axtell's deputies he had encountered during the dangerous trek from Bent Creek had gotten a good enough look at him to have passed on his description, but he couldn't be certain of that. He remained alert, especially when he saw anybody wearing a badge. Luke passed a couple of them during his walk to the courthouse, but he didn't see Sheriff Gus Axtell himself.
The sheriff's office was in a smaller stone building next to the courthouse, Judge Keller had told him while they were waiting for the sun to come up. The same building housed the jail. So the closer Luke came to the courthouse, the greater the odds of him running into Axtell.
If any of the crooked lawmen came after him, he would find some cover and hole up, keeping their attention on him instead of what was going on in Judge Keller's courtroom. That might not be a bad thing, but it would be risky. Luke might wind up dead before he ever knew the outcome of the trial.
He reached the courthouse a few minutes later. The hour was still fairly early, but most of the businesses in town appeared to be open and quite a few people were on the street. That was good, because Keller would need to empanel a jury, and the sooner the better.
Luke circled the courthouse, which sat in the middle of a rather sparse lawn with some tired-looking cottonwood trees around it. The rear of the building was deserted.
A few minutes later, he spotted a buggy rolling toward the courthouse. It was easy to recognize the burly, black-suited figure of the judge with his white mustache.
Keller hauled back on the reins and brought the vehicle to a halt near the stone steps that led up to the courthouse's rear door. He nodded to Luke and asked, “Any sign of trouble?”
Luke shook his head and said, “I don't think Axtell's expecting us to be right under his nose like this.”
The judge nodded. He spoke over his shoulder, saying, “All right, Mr. Tyler. You can come out now, and please be quick about it.”
Tyler pushed aside an old wool blanket bundled up behind the seat and stepped to the ground next to the buggy. He looked scared, Luke thought, and he couldn't blame the young man for that.
For Tyler, everything depended on what happened in the next couple of hours. Keller had made it clear that this was a real trial. If Tyler's story and the evidence he claimed to possess didn't convince the jury and he was found guilty of murdering Rachel Montgomery, Keller would pass sentence on him as the law required.
Tyler would hang by the neck until dead.
Luke's head turned from side to side as he followed Keller and Tyler up the steps. He watched all around them, but White Fork was still quiet and peaceful this morning.
“I'm much obliged to Mrs. Keller for fixing that good breakfast for us,” Tyler said as they went inside. “You know what they say about the condemned man gettin' a hearty last meal.”
“You're not condemned yet,” Keller said. “Innocent until proven guilty is still the law of the land, and it's sure not going to change in my courtroom.”
The three of them started along a hallway, their footsteps echoing from its high ceiling. Ahead of them, a door opened. Luke's hand hovered near a gun butt, but the man who stepped out into the corridor didn't appear to be a threat. He was short, slight, wore spectacles, and possessed a head of brown hair that seemed to have a mind of its own. He was trying to pat it down as he noticed the three men coming toward him. He stopped what he was doing and stared instead.
“It's all right, Eustace,” Judge Keller said.
“But . . . but that's Judd Tyler!”
“I know. We're going to have a trial this morning. I realize it's a bit irregular, but we have to seize the opportunity.” Keller looked at Luke and Tyler and added, “My court clerk, gentlemen, Eustace Adams.”
“Shoot, I remember Eustace,” Tyler said. “We were in school at the same time, what little I actually went to school. You're a couple years older than me, aren't you, Eustace?”
The clerk's mouth was still opening and closing in surprise. He didn't answer Tyler's question.
Keller beckoned him closer and said, “Eustace, Mr. Tyler has placed himself in my custody and will stand trial immediately. I have a very important job for you.”
Eustace made a visible effort to gather his wits about him and nodded.
“Of course, Your Honor,” he said. “Whatever you need.”
“I want you to go along the street and find fifteen or twenty men who are honest, trustworthy citizens of White Fork. Tell them I need them to come up here right away, but don't let on what it's about.”
“You're putting together a jury.”
“That's right. You'll need to fetch Carson Delahanty, too. Can you do that?”
Eustace's head bobbed up and down. He said, “Certainly. What about a bailiff? One of Sheriff Axtell's deputies usuallyâ”
“No, don't say anything to the sheriff or any of his men. Mr. Jensen here will serve as bailiff.”
“You're just determined to make me official in one capacity or another, aren't you?” Luke asked.
“There's only so far I'll bend the law. We'll follow regular court procedure.”
“All right,” Luke said, nodding. “I reckon I can be a bailiff, for a little while, anyway.”
Eustace hurried out of the building while Keller ushered Luke and Tyler through a pair of double doors into the courtroom. It was a typical scene of frontier jurisprudence with the judge's bench at the front of the room, a couple of plain tables for the defense and prosecution, and chairs for the spectators behind a railing. The jury box was to the right of the bench. One wall had a picture of the president on it.
The only other decoration, oddly enough, was a stuffed moose head hanging on the opposite wall. That was appropriate, Luke thought, because in his opinion most politicians' heads were full of sawdust, too.
“Who's this fellow Delahanty you sent Eustace after?” Luke asked.
“The district attorney. Can't have a trial without a prosecutor, you know.” Keller looked at Tyler. “Do you want me to see if I can rustle up one of the lawyers in town for you?”
“There are only three that I know of,” Tyler said. “One of 'em works for Manfred Douglas, one of them is eighty years old and might doze off during a trial, and the other hasn't been sober as far back as I can remember. I reckon I'll represent myself.”
“There's a saying about how a man who serves as his own lawyer has a fool for a client.”
“I'll take my chances, Your Honor. It's a pretty simple case. The jury's either going to believe me . . . or else they'll hang me.”