Murder at Thumb Butte (9 page)

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Authors: James D. Best

Tags: #Fiction, #Literary, #Westerns

BOOK: Murder at Thumb Butte
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When you address someone as doctor, it means they’re most probably not in the legal profession.”


At present, if I’m not mistaken, you’re a gambler, and gamblers know people—or they don’t stay in the profession long. I thought you might direct me to a lawyer with skill and character.”

I worried that I had overstayed his patience, but Holliday laughed instead of snarling at me. “A lawyer with character. Next, you’ll want me to find you a generous banker. Well hell, you might as well sit, sir.” He waved me into a seat across from him. As I sat, he bellowed out to the room in general, “Don’t none of you jackals get the idea you can bother me at breakfast. I’m likely to put a bullet in your fat yaps.”

As I sipped some scalding coffee, Holliday gave me a sly wink before asking, “What are you looking for?”


The best lawyer in the territory. One with experience defending criminals but also savvy in delaying trials. I have money.”


That’s always handy.”

I shrugged.


Why do you want a delay?”


I have a detective en route, but it will take him a while to get here.”


You believe your friend’s innocent?”


I know he is.”

Holliday seemed to mull that over. “Lots of people are happy Campbell’s dead … including your friend. What makes you think he’s not the one who did it?”

Now I thought. Sowing a little worry around town about what we might know or what evidence we might possess could be advantageous. “I can’t disclose that at the moment, but we need time. I need a lawyer who knows how to tie the proceedings in knots that’ll take weeks to untangle.”


You want Mac Castle.”


What can you tell me about him?”


A rarity—an honest lawyer. If he distrusts you, he’ll send you on your way. But if he accepts you as a client, he’s the best around. That boy’s clever as a saloon gal sizing up the clientele. When he’s in court, everybody comes to watch because he’s entertaining, sarcastic, and irreverent.” Holliday chuckled. “A man after my own heart. But somehow his cranky style appeals to juries as well as the grandstands.”

Castle seemed like my man, but I had to ask, “What do you think of George Blanchet?”

Holliday jerked back like I had shown him a photograph of a circus freak. “If you steal a claim or commit fraud, Blanchet will gladly defend you. He’s as shifty as they come, but Ah wouldn’t hire him to defend your friend.”

I nodded. “Just checking. Someone else recommended him.”


You trust this person’s judgment?” He sounded incredulous.


I wouldn’t be interrupting your breakfast if I did.”

He gave me an odd look. “You trust me?”

I tried a friendly smile. “I trust your judgment.” I stood. “If you’ll excuse me, I need to find Mr. Castle.”


Not hard. His office is next door. Good day, Mr. Dancy.”

I left the Palace, pleased that Doc Holliday had remembered my name.

 

Chapter 14

 

I climbed to the second floor of the narrow building and saw a long hall with a series of mahogany doors painted with gold lettering. The third one read, “Mac Castle, Attorney at Law.”

I knocked, and a male voice yelled at me to enter.

When I opened the door, a man in shirtsleeves sat in a leather chair reading what looked to be a legal brief.

I walked over. “Mr. Castle, my name is Steve Dancy.”

Without attempting to get up, he asked, “What can I do for you?”


I need a lawyer experienced in defending tough criminal cases. I was hoping for a few moments of your time to interview you.”


Usually the client is the supplicant.” His amused expression told me I hadn’t offended him.


This case is so important to me that I must hire not only the best but also the most experienced in cases similar to mine.”


And what type of case would that be?”


Murder.”


The Elisha Campbell murder?”


Yes.”


You said, ‘in cases similar to mine.’ My understanding is that another man has been arrested for that crime.”


My friend, Jeff Sharp. This morning, he asked me to find him an attorney. That’s why I’m here.”


Take a seat.” He pointed at a leather chair.

Mac Castle had an almost typical law office: cluttered rolltop desk, dark wainscoting, framed portraits, and bookshelves of law books arranged with exquisite neatness. That is where the similarity ended. Castle appeared to be in his thirties and wore an open-neck shirt, without coat or tie, and slippers. The opposing leather chairs, like those at my father’s club, put the client and Castle on equal footing.


Tell me about yourself and your friend.”


We rode into town yesterday afternoon and got rooms at the Palace. After a bath, we had drinks in the saloon. We were tired from a long ride and left early, but about eight o’clock, Jeff went back downstairs. I retired. He stayed in the saloon drinking until about eleven and then returned drunk to his room. While he was gone, he left his door unlocked with his rifle inside. Sometime before one o’clock, Campbell was discovered dead at the base of Thumb Butte, shot with Jeff’s rifle. The rifle was found beside the body.”


You’re omitting the most important fact.”

I knew what he meant. “Earlier in the evening, my friend punched Campbell and threatened to kill him if he ever saw him again.” I paused. “Have I told you anything you don’t already know?”


Not yet.”

When he offered nothing more, I told him a little about Sharp’s business interests and some of our history together—omitting the violent episodes. I then talked about Sharp’s character and why he could never commit murder.

When I finished, he asked, “Would you like a cup of coffee?”


I would.”

He got up and left the office without another word. I sat for a moment but couldn’t resist peeking at the papers Castle had been reading when I came into his office. I actually heard the intake of my own breath. Damn. The papers were a civil complaint against Elisha Campbell for misrepresentation in the sale of Edison Electric Illumination Company stock. They were being filed for Lew Davis, the barkeep at the Palace saloon.

I flipped through the pages like a raccoon rifling through a picnic basket. It seemed that when Davis submitted the certificate through his bank to New York, he was informed that the company was valued at only a few pennies per share. Attached to the complaint was a stock certificate that looked as real as any I had ever seen. Damn. Campbell knew the value of his Edison shares, or he would never have thought to sell shares in a shell company with a similar name. I was interested in shares of the Edison Electric Light Company, not the Illumination Company.

When I heard a footfall in the hall outside, I dropped the papers back on the side table. I heard Castle tap the door with his shoe and jumped up to let him in. When he stepped through the door, his hands carried two steaming china mugs of coffee.


Sorry it took so long. I ran down to the Palace to get these. I put cream in. If you want sugar, there’s a cone on the table over there.”


This is fine,” I said as I took one of the mugs from him.

After we settled back in the twin chairs, he said, “Now tell me about the history between Sharp and Campbell.”


What makes you think there’s a history?”


You told me Sharp is a fine, upstanding citizen. Fine, upstanding citizens do not hit random customers as they saunter into a saloon. Tell me how Sharp knew Campbell.”


I left that out on purpose.”


Because it could be construed as motive.” It was a statement, not a question.

I shrugged. “Are you accepting Jeff Sharp as a client?”


Does Mr. Sharp have two hundred dollars?”


He does.”


In that case, I’ll represent your friend if he decides to engage me.” Castle then described his legal experience. His practice involved mostly fraud and property title cases resulting from the primitive legal institutions in the Arizona territory. He had defended numerous criminals for armed robbery, assault, and murder. He told me that he had lost all but two of these cases but got fair sentences for the remainder. Castle said he had a much better record on prosecuting civil fraud cases.


Why did you win only two criminal cases?” I asked.


Because generally, people who are arrested are guilty. If they go to trial, the attorney general has witnesses or hard evidence. In the case of your friend, he has both.”


There are no witnesses to the murder.”


There are reliable witnesses to assault and battery. The threats to kill the victim are quite damaging. A rifle with his name carved into the butt at the scene of the crime is hard evidence.”


But his door—”

He held up a hand to stop me. “Access to the weapon may have been available to others, but the rifle was owned by Sharp and last known in his possession. It puts the burden of proof on the defense, or at least the burden of building sufficient doubt. In addition, there were pine needles on the stairs leading to his room and stuck to the bottom of his boots.”

I sat back. “I never heard that. What does it mean?”


It means he may have been at Thumb Butte last night.”


There are pine needles all over.”


But none in the Palace saloon. Tell me, did Sharp have his clothes and boots cleaned while he took a bath?”


We both did.” I was starting to worry. “Do you believe Sharp’s guilty?”


I consider it unethical to say no to get a client, but the truth is … I don’t know.”


But you know a lot about this case. How?”


I ate breakfast with Constable Earp.” He sipped his coffee. “But he probably doesn’t know everything, so why don’t you tell me something I don’t know?”

I hesitated. “Perhaps we should wait until after you talk to Jeff. I’d feel more comfortable sharing information if a formal attorney-client relationship were in place.”


I won’t even bother to talk to Mr. Sharp unless you’re forthright with me. Now tell me everything.”

I had already determined that Castle was a good attorney. He had me over a barrel. We needed him more than he needed another client. I decided to tell Castle almost everything. It would all become public knowledge soon anyway. I told him about Sharp and Campbell being partners in a New York City import business. I told him about Campbell’s despicable betrayal. I told all about Sharp’s mines and alluded to my own financial well-being. I told about the violent confrontations Sharp and I had in Nevada and Colorado. I didn’t tell him about the Edison Electric Light Company.

When I finished, he picked up the two empty mugs and disappeared out the door. I didn’t want another cup of coffee, but I didn’t have a chance to say anything before he was gone. Besides, I suspected Castle used these errands to think.

After he returned, he asked, “Did you, at any time, have an association with Elisha Campbell?”


No. Why do you ask?’


Campbell was a swindler who made enemies wherever he went. You’re both from New York City. You’re a violent man who settles scores with a gun. You knew about Sharp’s unlocked door, and you knew his name was carved in the stock of his Winchester.” His face remained completely blank. “Mr. Dancy, you had the best opportunity to frame your friend. I want to know if you had motive.”


I never saw Elisha Campbell before he walked into the Palace last night.”


I’ll accept that for now, but understand that if I take Mr. Sharp as a client, I will go anywhere the evidence leads me to get him acquitted.”

I nodded. “Good, because I did not kill Campbell, nor did I frame my friend.”


I certainly hope that’s the truth.” He picked up the brief he had been reading when I came in and waved it in my direction. “What did you think of this?”

I started to protest but then smiled as I realized he had left me alone with the brief so I would read it. “You intend to get him off by putting the blame somewhere else.”


Delivering an actual murderer is more effective than trying to convince a jury that the evidence is too weak to convict.”


Why did you want me to read this brief?”

Castle sat back and interlaced his fingers as he pondered me. “I wanted to gauge whether you had been a victim of the same scam. I’m aware of two other victims who bought shares in this worthless company.”


I wasn’t a fourth.” I had to make a decision. Did I tell him we came here to buy stock from Campbell? This man was far too clever to remain ignorant of any aspect of this case. I had to trust him. I pointed to the brief. “When you worked on these cases, did you discover that Edison had a company with a different name?”


Yes, the Edison Electric Light Company.”


Jeff and I have reason to believe that Campbell possesses stock in this real company.”

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