Chapter 3

The next morning I headed out for the trail on the other side of town. I didn't figure I would have to wait more than a day or two before the judge and his officials were coming down the trail into town.

I camped three miles outside the town in a little patch of trees. I could observe the trail coming and going. I hadn't anymore than set up my camp when I saw six riders coming toward town. They looked as if they had ridden a long way. About the same way as Abby and I did when we arrived. This was a rougher bunch though. I'd put money on the table that they were some of the same crowd who had invaded the town in the last year.

Wouldn't you know they drew up to rest their horses in the shade right in front of me where I was camped. They didn't come off the trail, just standing there smoking. I could hear what they were saying though. "I hope the Sloans will feed us. I'm damned hungry. Ezra's letter said he had chores for us. Remember, us'uns want to hang back and don't do nothing until he shows us some money."

"I hope he ain't planning on us killing any women or children. That gets too raw for me."

"Getting old, Bill?"

"Could be. This ain't war time any more. I done enough of that to last me a spell. Let's get on, I'm hungry."

I thought, "I hope the judge was bringing some blank warrants with him." I spent the night and was awake before anyone went by going either way in the morning. The judge wasn't supposed to be coming along before tomorrow sometime, but you never could tell. He might be early.

He was. It was three and the hottest part of the day when I saw dust coming up the road. This time I stepped out and watched the buckboard approach. I raised my hand. There were two men on the buckboard and two riders behind it.

The driver pulled up. There was lather underneath the harness on the team, but this was because it was hot and not because the team was being pushed overly hard.

"Judge?"

There were suddenly three guns pointed at me. The judge wasn't showing one, but I'll bet there was one on him. "Judge, I'm Riley McBain. Thought I would meet you and fill you in a little before you got to town. It might be a dangerous place for you if you weren't aware."

"Kenny, hitch the team in the shade, we'll rest here for a bit. I want to get out of this sun." This was done and we withdrew to where I had made camp. I looked at the judge before we began a conversation. He was big and I would guess in his fifties. The man driving the buckboard was older. Both had an air of competence and authority about them. The two men on horses were much younger, but had the same look about them

I was introduced: "I'm Judge Kelly this is my prosecutor, Kenny Proctor. The short man is a Pinkerton agent, named Harry Sims and the other man is Federal Marshal, Samson Blue. What's the setup? McBain, you do know some powerful personages. I never got orders from a general before. How come?"

"I was honored to serve as General Grant's aide for more than a year. He wasn't the easiest to get along with, but effective in doing what he set out to do. He always pays his debts. Guess he figured he owed me one."

"Must be. I'm here. Tell me about the situation?"

"Short version, these Scalawags moved in here before the war ended. I think the main leaders are brothers named Sloan. The sheriff and his deputy are brothers, named Parker. The banker is one Bert Innes. He took over my ranch and is the one who killed my wife."

"You haven't gunned him? Why not?"

"He's going to die soon, but it can wait until the whole bunch is driven out. The day he dies is the day I can bury my wife. I found her body in a cave the day after I arrived. People from the ranches have been treated just as badly. I don't know much of what goes on in town, although I do have some written testimony that might be effective in bringing these scuts to justice.

"I have a Mexican friend who has been in the employ of the bank president and he is willing to testify. Some of the ranch people will as well. I sent one into town to keep track of all of the ones in charge."

"It sounds like we won't be going into town blind. What else?"

"You do know that General Grant has ordered a troop of cavalry here to be used at your disposal, don't you?"

"I didn't know that. Are they here now?"

"No, and they won't be here for another five or six days."

"Well maybe we should get all of our ducks in a row and wait for them to arrive."

"My thoughts exactly. The troops are being ordered to the Indian Territories after they have been here two weeks. Hopefully it won't take longer than that to settle out problems."

"What's our first move?"

"I think we should ride right through town and make my ranch your headquarters until the troops get here. Innes has left and won't be coming back. He was visited by the ghost of my wife the other night. Scared him a bit. Also, I'll bring down some of the ranch owners and their hands from the hills to be close by if we need them. You might want a little more protection than what is right here at present."

"They wouldn't bother us federal officers would they?"

"They might. Some of this bunch were in with the raiders who destroyed Lawrence Kansas. That's a fact. You'll learn who those are when you get to talk to the witnesses. Six of the same stripe went by here yesterday heading into town. I guess they figure this is a good place to hide out."

"I may have warrants for a few of them. Some of them will qualify for the rope if we identify them."

"Good, we'll hope so." I picked up camp, throwing my gear into the buckboard. I nudged my horse in with the two riders. The marshal talked friendly like. The Pink didn't say a word.

When we went through town there were three men crossing the street. One of them came to the side of the buckboard and inquired what our business in the area was. I pulled up facing him. "I'm Sarah Holcomb's brother. The two men in the buckboard are our uncle and another brother. These other two are riding along with us. No relation. Sarah's okay isn't she? It's been years since we have seen each other."

"Never met her, but I hear she's okay, but she ain't too friendly. You get there, you stay until you get ready to leave. Don't have no truck with her neighbors. There's been some trouble out on the range and I wouldn't want anyone hurt."

"Okay. Is Sid still with her?"

"Wouldn't know. I never heard of anyone named Sid. Get along, you're blocking the street." The judge said something to the effect that I thought fast and could lie with the best of them.

I saw a couple of people I recognized, but we were moving. I had changed some and no one recognized me. We left the town behind us and an hour and some later we pulled into my ranch. The corral was full of horses, but there was no one showing when we pulled up. When I was recognized, there were a dozen men coming out of the barn and from around back.

"You the judge?"

"That's right. Kelly is the name. This all of you there are?"

"No, some of our families are still up in the hills, and over to the Holcomb Ranch there are another half dozen men. The women, we hope, are safe enough and are armed."

"Christ, is it that bad here."

"It was worse for awhile. Them bastards took us by surprise and we didn't get organized until Riley got here. We're ready to fight now to get our homes back."

"Okay, folks, Judge Kelly has been on the road for four days. Let me get him settled tonight and we can get into why we need him tomorrow." I took him and the prosecutor into the house and made them comfortable. I finished up, saying, "I'm taking you up to visit my wife first thing in the morning." I asked if the ranchers were comfortable bunking in the barn. Our bunk house was small, only big enough for five men, and that had been staked out by the first arrivals.

All of this didn't take me very long and I was on my way over to the Holcomb ranch to fill Abby, Duffy and the rest in on what was happening. I made arrangements for Abby to bunk with Sarah for tonight. There were no women on the McBain spread. I laughed because I didn't think Duffy would have come back with me. He had eyes for Sarah and her children thought he was a pretty good person.

He came to me, asking, "Captain, do you think I'm being a fool? I mean, I don't have a thing except the horse I'm riding?"

"Duffy, if you are interested in her, she'll tell you soon enough if she doesn't want you hanging around. If she does that, acccept it and move on. Sarah knows she is going to need a man around to teach her kids. I've known you for years and I'll put in a good word for you."

"Thanks, Captain, you give me a little hope." I ran this by Abby.

"Sarah knows how he feels about her. He is going about it the right way to catch her attention. The main thing is that the kids like him. That goes a long way.

"He'll be okay then. He was a very competent soldier. He's pretty young, though."

"That won't matter to Sarah if it doesn't bother him about her being older."

"It won't. Abby, please come over to the ranch early tomorrow if you would. I'm taking the judge and a couple of men up to the cave to see Winnie. When we get back, I'll give the journal to the judge and let him go through it. I wish those troopers were here now, but this wait will give the judge time to put together some plans." I took my blanket roll and camped for the night up on the high ground over looking my ranch. Abby found me there in the morning.

We went down to the house and had breakfast. We would soon need some supplies. I sent one of the cowpunchers out to beef a critter and make sure on the way back they dropped off a quarter for Sarah.

"Judge Kelly, I would like to have you visit my wife's remains. She is located in a cave less than a mile from here. It isn't too far to walk if you would be so kind."

"I thought she was dead?"

"She is, but has never been buried. I want you see her just the way I found her. This has strengthened my resolve to change the balance of power here in Petite Valley. While there you will meet my wife's sister who looks enough like her to be her twin. I'll tell you now that my wife kept a journal from the time I left until she died while writing down what was happening. I'm hoping you will look on it as a sort of death bed accusation of several of these men who have taken over our town and ranches."

"We'll see." The other three men who arrived with the judge went with us. We paused when we reached the ridge back of the ranch and looked south out over the open range. There were thousands of acres visible and there wasn't a cow in sight.

I commented, "There was a huge roundup of salable cattle last year and there was supposed to be another this year. I directed the ranches to push all the cattle up into the foothills at the far end of the valley. Hopefully they can come back within the next couple of weeks."

"Were you chosen to direct all of these moves?"

"No, but I came home and found the ranchers leaderless. I do know General Grant so I asked him for help."

"That I can understand. I never liked the general very much, but orders are orders. I just knew some personage in the government had power enough to move me out here. The orders said it was a temporary assignment and I would be back in my home territory within the month. So okay, let's get going."

I had gone up to the cave last evening and placed the journal just as I had found it. The burned down stub of candle that Winnie had written her last words by hadn't been moved and neither had the pencil When we got as far as where we had camped, I sent Abby on ahead to light two more candles farther in the cave so there would be some light. This was to show that Winnie when she reached the cave and couldn't get further inside before she wrote the note and died before it was completed.

The prosecutor objected having to walk the distance, so we put him aboard a gentle horse and led him up to as close to the cave as we could. "This better be damned necessary. If it isn't, you people are going to have some serious explaining to do." The judge didn't hesitate at all, figuring that if General Grant believed in me, he should too. The prosecutor changed his mind when he stepped into the cave and saw Winnie's remains.

"Is this the way you found the body?"

"Exactly. The only think that has been disturbed is I picked up the journal and have read it. I put it back into its original position last night. No one has even picked up the coat that is over her."

"Why not?"

"Because I am thinking that I will have the cave walled up and this will be her burial crypt. When I have settled with the man who did this, I will have a service and she will be just a memory. After you read the journal, I think you will believe that Winnie's words will bring out the truth of what happened here in the valley and it is your duty to take action."

"We'll see. Is it okay with you if I take the journal with me?" I thought it right that Kenny Proctor would ask. "I'll return it to you before I leave."

"Of course. That why I brought you up here."

"It has certainly garnered my attention and made a believer of how serious the problem is here in this section of Texas. I'm afraid though, this isn't an isolated case. I wonder every time I see someone stepping down from a train carrying a carpet bag why they are here."

"True."

We returned to the ranch. The four men went into the house. I went in with them. The judge made the comment that he wished there were someone who knew the situation in town who had more knowledge of what had been going on recently.

"I'll see if Mexican Pete is here. He's smart and one of my best friends. He has been working for the banker so he might have a little inside knowledge. Not about bank business, but how he interacts with the natives and with those he arrived here with. Pete is treated as a peon, but I have found he is much more than that."

"Good, that will help. You can trust him, can't you?"

"Definitely." Pete wasn't there when I went looking for him. I told the men hanging around to send him in if he showed up. I went back inside. Kenny Proctor was reading Winnie's journal.

He spoke about what Winnie had written down, "Your wife did well in telling us about the situation here. She not only mentioned the people who live here, but the ones that came in and took over. She gave names to them all as she learned them. Some of them she described fully and what they were doing that was wrong. I think I can use this and charge several with their misdeeds and make it stick." Kenny was scribbling notes so he wouldn't have to keep looking at Winnie's journal and could pass it to the judge and then to the other two men with them.

The men who were down from the logging settlement couldn't understand why I had them here. They wanted to be up in the hills with their families. I gave it thought and agreed with them. "Please come back in four days. The judge will have his plans in place by them. I'm sure he will welcome the support from all of you when he gets ready to move. The troopers should be here that day or the one following. I'm sure you will be seeing some action."

"Captain, one thing about you, you think of your troops and not just about the power we've given you to direct us. Going into action with you lets us feel confident that we will come out of this with a whole hide."

"I hope so. At least you will be fighting for yourselves in the near term and not for some ideology that effects you someday in the future. We do need the changes now and I'm willing to fight."

Mexican Pete rode in and I took him into the house to be questioned by Kenny Proctor and Judge Kelley. I was a little worried that they wouldn't treat Pete right, but I relaxed when they paid no attention to him being a Mexican. They started asking him about the town. The Federal Marshall, Sam Blue, had paper and he made notes where all different buildings were located. He was much interested in the jail and where the sheriff's office was located. Next they spoke about the Sloan brothers and where they were in relation to the jail.

He enquired about the bank, which was between the Hotel and the General store. At that time, Kenney Proctor asked how much room was inside the bank. When told it had a sizable lobby, he acted pleased. The single teller was named Graham Brown. He was uncle to the Jim Brown whom I had sent to deliver telegrams for me. Pete said Jim's uncle didn't have access to the big safe at all. If he needed a ledger or money from it he had to ask Innes to get it for him.

The Mexicans and poorer folk lived on the south side of town and this is where some of the businesses were located, such as the saddle shop and livery stable. The gunsmith was in the same building with the blacksmith. There was a good sized corral next to them and then the country opened up to the ranches. Tim Long's ranch, he that was dead now, was positioned across the Petite Rio which curved around the town and then on south through a notch in the hills. It was directly across the Petite Rio from the McBain property.

The hotel fronted on Main Street across from the two Sloan properties and then there was the bank and the large general store. Across the street was a freighting outfit and wagon yard next to an empty lot before you reached the first Sloan building. This is what you came to as you came into town from the east. My land was on the north side of the river before you reached town from the west. Behind Main Street to the north was where the better business folk lived.

"So, how many people live here in all?"

I answered, "I don't know for sure. Counting the town folk, the Mexican population, and the Ranch community, there must be about two hundred, give or take."

Judge Kelly spoke up, "Is that all?"

"That's about it. Wouldn't you say, Pete?"

"I guess so. There are thirty or so who came in with the Scalawags, but then there have been that many have left because of them. I can think of eleven of us who have been planted in the grave yard. Most were all good people too. Everyone else has been intimidated. That is until Captain Riley showed up."

"Yes, and that is why we are here. I think we would be as helpless as you people if there wasn't a troop of soldiers on the way. They should give us enough backing to tip the balance in your favor."

"What about those immigrants that are headed here? The rumor is that they are a bunch of German religious people."

"Mennonites?"

"I've heard the name."

"They'll be farmers and really good ones. Probably being pushed out of someplace else. They are religious, ultra peaceful, and won't fight because they don't believe in it, but will be good solid citizens. They'll have cash money to buy property. That's likely why these Scalawags took over your ranches. The Mennonites aren't exactly like the Quakers back east although they have the same beliefs by not joining in any military action. They more than make up for it in other ways."

"Do you know this for a fact, Judge?"

"Yes, there was a small settlement of them living next to my family while I was growing up. Maybe someone here would sell them some land when you get it back into your own control."

"We'll give it some thought if they do show up here." The marshal, Sam Blue and Proctor were discussing the case they were building.

The judge was listening in. I went out with Pete. He had something to say, "I saw a man with red hair, if he is the one you know, going into Sloan's bar. He's new in town. Do you want me to look him up?"

"I do, but don't jump right into asking him to spy for me. Watch him a little. If he acts as if he is in with them, keep away from him. Be careful, we have four more days before the troopers arrive."

"Okay Riley, I won't make a move until I'm sure of him." I picked up and headed over to the Holcomb ranch. I wanted to see Abby. Did I have a reason? No, I just wanted to see her.

Abby was glad that I came over. She asked what was happening and I said we were waiting on the cavalry to arrive, but plans were being made to get control of the town. "These things take time and if they are planned right there is a good chance of success."

"It's taking a long time."

"I know."

"Riley, can we go up to the cave and visit Winnie. I think about her all the time. I want to tell her I am divorced. I know she can't hear me, but I need to say it anyway."

"Sure, I want to tell her about how invaluable the journal she wrote has been to me and others. I want to tell how it strengthened me in my resolve to get rid of these invaders. I'm sure her presence will come to me, maybe in a dream or some other way."

Abby and I went into the cave. We had only the light that came through the entrance to view Winnie. I sat down on one side of her and Abby sat on the other side. I looked at Abby when she whispered, "Riley." She was holding out her hand for me to take. I stretched mine out. We let our arms sag down so our hands were resting on the coat where it covered Winnie's body. We relaxed.

It was crazy, but I felt a presence other than Abby's. I was imbued with the sense that Winnie was waiting for me to speak to her. "Winnie dear, I feel you near me. This is something I haven't felt for two years or more. I haven't forgotten you and my love hasn't gone away at all. It is just that we have been so far apart.

"I came here to tell you that journal you kept while I was gone has buoyed me up and has kept me from going crazy over what happened while I wasn't here to protect you. Love for you has given me the courage to try to right the wrongs that has descended on the valley.

"The last year of your journal notes the Scalawags who came in and took over our homes and land. It has been invaluable in laying open those crimes. There is a federal prosecutor and a judge to prepare charges against them and these are being readied now.

"The Judge has agreed that your entries in the journal are as good as any testimony you could give if you were still alive. In the next two weeks, this will be settled and if all goes according to plan, it will be you who has returned the valley to its rightful owners. I will return and speak about the results when all is completed."

I ceased speaking when I felt the tenseness that had been with me leave. It was Abby who was now whispering, "My dear Sister Winnie, I'm sitting here now with Riley. He has my hand in his. My marriage to Whitaker didn't turn out well and I have divorced him. It seemed like the thing to do at the time. Then Riley came by on his way home. I felt the inclination to travel here with him, hoping to be with you.