Autumn of the Gun (13 page)

“We can easily reach Houston tomorrow,” Barnabas said. “We'll bed down in a hotel and get us some town grub and a night's sleep.”

Barnabas took a room for Bess and himself, and another for Vivian. Then they found a cafe, and Barnabas arranged to have Empty fed.

“I feel guilty eating good food, when Nathan may have only bread and water,” said Vivian. “Should we go to the prison and try to see him?”

“I don't think so,” Barnabas said. “Silver will be here the day after tomorrow and we should let him take the lead. Silver believes Nathan was railroaded into prison, and unless I'm reading him wrong, he'll have some plan. I'm sure we'll be allowed to see Nathan while we're here.”

“Then he won't be released any time soon,” said Vivian, disappointed.

“I fear that he won't,” Barnabas said. “An appeal can take weeks or months, and there is a chance it will be denied. In that case, the court will have to be petitioned for a new trial. God only knows how long that will take.”

The trio reached Houston the following day and went immediately to the Ranger outpost. Captain Dillard told them as much as he knew about Nathan's situation, avoiding mention of his confrontation with Sheriff Littlefield. That information would be confidential until Byron Silver arrived.

“Captain,” said Vivian, “I'm glad you rode to the prison and spoke to Nathan. Now he knows that we know where he is, and that something is being done toward his release.”

“I don't know who was the most surprised to see me, Nathan or the prison officials,” Captain Dillard said. “Stone had not been mistreated, and after my visit I don't think he will be.”

“I'm sure you'll want to talk to Silver first,” said Barnabas, “but unless he has some objection, we'd like to know how the investigation will proceed and what it will seek to prove.”

“I can't see Silver having any objection to you being here,” Captain Dillard said, “since he asked you to come. I can tell you this much: First we'll appeal the conviction. Should it be refused, we'll demand a new trial.”

“And if that's refused?” Vivian asked.

“It won't be,” said Captain Dillard. “You have my word.”

 

Slowly Nathan became acquainted with the three prisoners who worked beside him in the prison laundry. Borg was the only survivor of a four-man gang that had attempted to steal a military payroll. Hez and Staggs were convicted killers. It wasn't difficult avoiding the trio during duty hours, for conversation was forbidden. But they soon became Nathan's uninvited companions in the mess hall.

“How long are you in for, Stone?” Borg asked.

“Five years,” said Nathan, “for a robbery I had nothing to do with.”

“Haw, haw, haw,” Borg said. “That's near 'bout the way it was with me, I didn't git my hands on a peso. They just plumb shot the hell out of us, an' now I'm stuck here in this stinkin' hole.”

Hez and Staggs looked at him; it was Staggs who spoke.

“My heart pumps rainwater for you, bucko. Me an' Hez, we're here for life.”

“Speak for yourself,” said Hez quietly. “I ain't aimin' to stick around that long.”

Nathan said nothing, but he could see what was coming. The next time the three men approached Nathan, they were again in the mess hall, for it was their only opportunity to speak to one another.

“Stone,” said Hez under his breath, “we're bustin' out of here.”

“I'm not,” Nathan said. “I'll stay here and do my time.”

“No,” said Staggs, “you're goin' with us.”

“How and when?” Nathan asked.

“Saturday,” said Staggs, “at the end of the shift. We'll take both guards hostage, usin' them to get us out the gate.”

“We'll never make it,” Nathan said. “Count me out.”

“You're in, damn it, whether you like it or not,” said Staggs. “If word of this gets out, we'll know it come from you. You'll be a dead man.”

Nathan lay on his hard bunk considering Staggs's ultimatum. The two killers—Staggs and Hex—had little to lose, for they were serving life sentences. Borg, however, despite his present circumstances, could see an end to his five-year sentence. After some thought, Nathan believed he had the answer. There were two guards, a hostage for Staggs, and a hostage for Hez. The two killers were prepared to use Nathan and Borg as pawns. There was no other answer, and Borg was a damn fool to consider such a scheme. Nathan had to speak to Borg somehow, before Saturday.

Byron Silver reached the Ranger outpost astride a bay horse he had hired at a livery. He was dressed like the cowboy he had once been, and a Colt was thonged down on his right hip. He introduced himself as he met Vivian and Captain Dillard for the first time. He then turned to Barnabas and Bess McQueen and greeted them warmly.

“The first and last time I was with you folks, I'd been shot,” said Silver, “and I'm not sure the present circumstances are much better. I reckon we'd better make ourselves as comfortable as we can while Captain Dillard tells us what he has learned.”

“Howell,” Captain Dillard said to another Ranger, “I'll be in my office for a while, and I'm not to be disturbed.”

“Yes, sir,” said Howell.

Captain Dillard was last to enter the small office. He closed the door behind him and then took a seat behind his desk, while his four companions settled into chairs facing him.

“Based upon what I have learned,” Captain Dillard said, “I have every reason to believe Nathan Stone has been wrongly imprisoned for a crime he didn't commit. I talked to him at length, and his story has a ring of truth. First, I'll tell you what Nathan told me, and then I'll tell you how they rushed him through a trial without presenting a shred of proof, just flimsy circumstantial evidence.”

Captain Dillard talked for three-quarters of an hour. When he ceased speaking his companions remained silent for a moment. Barnabas McQueen was first to speak.

“My God, anybody who knows Nathan Stone can see this for the lie that it is. Nathan and Vivian have been working with me, racing horses. He was going to San Antonio to get a pair of Indian-gentled horses I bought.”

“This is all so foolish,” Vivian said. “Why would Nathan risk his life and reputation stealing ten thousand dollars he would have to split with two other men? He has twenty thousand dollars on deposit in a New Orleans bank. Honest money.”

“I've known Nathan for ten years,” said Silver, “and while his fast gun has forced him into some situations he would have avoided if he could, he would never take a dishonest dollar. I'd stake my life on that.”

“So would I,” Bess McQueen said.

“I can add little to that,” said Captain Dillard. “The Rangers know and respect him, and based on what I've learned, I believe we should appeal his conviction immediately.”

“Prepare the necessary papers,” Silver said, “and I'll file them.”

“Here they are,” said Captain Dillard. “They've been ready for three days.”

“We'll be here until a decision has been reached,” Barnabas said. “How long do these things take?”

“Unfortunately,” said Captain Dillard, “with Sheriff Littlefield opposing it, and with Judge McClendon siding him, it could take months.”

“And all that time Nathan has to remain in prison,” Vivian said. “Mr. Silver, is there no way he can be released while his case is being appealed?”

“None that I know of,” said Silver. “The first step toward freeing him is to appeal his conviction, and unless the appeals court overturns it, the conviction will stand. Should his conviction be upheld, then we can demand a new trial.”

“I don't mean to sound ungrateful,” Barnabas said, “but how long will that take?”

“As long or longer than the appeal,” said Captain Dillard. “Once a man is behind bars, the courts move slowly.”

“I can't remain here more than a month,” Silver said. “Captain Dillard, I'll have to depend on you and the telegraph to keep me informed. I'll arrange to be here if and when his appeal is heard, and for a new trial if there is one.”

“I may have given Nathan false hopes,” said Captain Dillard. “I believe you should go to Huntsville and tell him we're appealing his conviction, and that it's going to be long and drawn out.”

“I intend to,” Silver said. “He also needs to know that if the appeal is unsuccessful, a new trial may take even longer.”

“Vivian, Bess, and me will go with you,” said Barnabas.

Nathan's three companions were silent as to their intentions, but as their day began in the laundry, the trio's eyes were on him. With his conviction being appealed, the last thing he wanted was to become involved in a prison break. It could only hurt his chance of a successful appeal and perhaps lengthen his sentence. Since he had no idea what Borg, Hez, and Staggs had in mind, he must wait for them to make their move and then somehow foil their plan.

As the end of the day drew near, Nathan found Borg constantly at his side, so it was no surprise that, when the time came, Borg made the first move. In an attempt to distract the two guards, cursing loudly, Borg seized Nathan in a bear hug. But he wasn't quick enough. Nathan drove his right knee into Borg's groin, twisted free, and slammed a right to Borg's jaw. Borg collapsed like an empty sack. The two prison guards hadn't fallen for the trick. They remained where they were, their Winchesters covering Staggs and Hez. One of the guards pulled an alarm chain, bringing a prison official and two more armed guards. Nathan couldn't hear what was being said, but one of the original guards pointed to Borg, who sat up, rubbing his jaw.

The prison official, whose name was Corrigan, spoke to the pair of guards who had accompanied him.

“Take him to solitary.” He then turned and spoke to Nathan. “He jumped you. Why?”

“I don't know,” said Nathan. “He took me by surprise.”

“Starting Monday,” Corrigan said, his eyes on Staggs and Hez, “you will be assigned to kitchen duty. Guards, escort these men to the mess hall, keep an eye on them until they have eaten, and then take them to their cells.”

When Staggs and Hez had been taken away, Corrigan spoke to Nathan.

“Stone, that was fast thinking. You prevented what I suspect might have become a nasty incident. Such an act will not go unnoticed.”

Nathan said nothing. While he had won Corrigan's approval, his three former companions would regard what he had done as nothing less than betrayal. If he remained in the prison for any length of time, he had no doubt the trio would find a time and place to come after him with vengeance on their minds.

Byron Silver, Vivian, and the McQueens set out for Huntsville, with Empty running ahead of them. The hound seemed aware that they were going to the place where he had been forced to leave Nathan. They arrived an hour past noon, and Silver arranged for them to see and talk to Nathan. While he obviously was glad to see them, he seemed subdued and said little.

“Captain Dillard told us what you've told him,” Silver said. “Now why don't you tell us in your own words? Maybe you'll remember something you didn't tell him.”

“I doubt it,” said Nathan. He repeated what he had told Captain Dillard. “What I don't understand is what became of my horse.”

“Grulla, wasn't it?” said Silver.

“Yes,” Nathan replied. “Not the only one, by any means, but those fancy saddlebags had silver buckles, and were made in Mexico. King Fisher gave them to me.”

“That's something,” said Silver. “From what Captain Dillard has learned, the sheriffs posse found no horses, and that means they must have been taken away by the pair of outlaws who escaped. I'll have the captain pass the word along to the Rangers, and they'll all be watching for those saddlebags.”

“I appreciate everything that all of you are doing for me,” Nathan said, “but I've been dealt a bad hand. Sheriff Littlefield accepted me as one of the bank robbers, no questions asked. The man who fired at me, that I had to kill, was shot at close range and from the front. Sheriff Littlefield testified that the two robbers who had been wounded were shot from behind. Two men escaped, taking two extra horses with them, one of which was mine. I can't believe Littlefield didn't find the tracks of four horses and couldn't see that only two of them were being ridden.”

“That's just some of the things that don't add up,” said Silver. “Captain Dillard thinks these and other things Sheriff Littlefield overlooked or dismissed may be used to overturn your conviction. If your appeal is denied, we're going to petition the court for a new trial, and we're going to destroy Sheriff Oscar Littlefield.”

“It couldn't happen to a more deserving old busardo,” Nathan said, “but petitions and appeals take time. How long am I likely to be stuck here?”

“I won't give you any false hope,” said Silver. “Appealing your conviction can take as long as six months, with Sheriff Littlefield and Judge McClendon opposing it. If that falls through, it could take as long or longer to win you a new trial.”

“Damn,” Nathan said. “You can't stay here that long, can you?”

“No,” said Silver. “I took a month's leave. However, I'll be in touch with Captain Dillard by telegraph, and he or some of the other Rangers will be here to talk with you as often as they can. You won't be alone, and you won't be forgotten.”