Chapter 5

I had already given thought to how a lashing was to take place. Up near the end of the street, there was a flag pole that was set up to display the Confederate flag from one arm and the arm opposite would be to display the Lone Star flag of Texas.

This would make an ideal place to carry out the sentence. The arms were strong enough to hang a person from. If Innes screamed that he couldn't take anymore of the whipping, all that would be needed to carry out the last part of the sentence was to throw a rope over the high arm and put Innes on a horse. Ten minutes after he said to cease the whipping he would be dangling from the rope. I would have a rope prepared and nearby to use if warranted.

Had I ever taken part in hanging someone? Yes I had twice. One, a rustler here in the valley when I was barely eighteen, and another person when my squad caught a civilian stealing some stores we had cached in preparation for an upcoming battle. That particular hanging had happened under my orders.

I felt Innes would choose the whipping and he did. His choice was written on a piece of paper that Attorney Brickland handed to the judge. The judge read it out loud.

"I have chosen to be whipped fifteen times on three consecutive days. I also request that Riley McBain be the one to carry out this punishment. This is to make amends, slight as they may be, for causing the death of his wife, Winefred McBain. Submitted this day, June 24, 1866. Bert Innes."

The room was quiet. Judge Kelly looked at me. "Mr. MacBain, you are so ordered to carry out the court's sentence. At six o'clock tomorrow morning you are to remove the prisoner from his cell, strip him naked except for his footwear and proceed to the town's flag pole and at 6:30 mete out said punishment. Any questions?" There weren't any.

I led Innes back to his cell and went about taking orders for the late lunches of all the prisoners. I even took Brickland's order for his favorite dinner. I put him into the cell with Parker thinking Innes would like to be alone. Besides I didn't trust Innes. He might have been able to convince Parker to strangle him so he wouldn't be whipped in pubic or to hang.

Little things had come out in court that made me believe that Innes was a major player with Quantrill. He apparently did a lot of scouting for places to raid. He might have even spent time in Lawrence before the raid. I was pleased that he took the shooting of Winnie so hard. I was almost sure that bothered him almost as much as the whipping he had coming up.

I went up to the freight yard and looked at the various whips that the freighters used. I wanted one that was short. I had handled a whip some, but wasn't a professional by any means. A long one would get tangled up if a person wasn't adept with it. I borrowed one that was about seven feet long and two feet of that was the handle. This was only a third or half as long as many I looked at. It depended on how many pairs of animals in a team and how far away the skinner was from the lead horse or mule.

If the team were oxen, the driver walked beside the lead ox with a stick. These were trained to answer to gee and haw and the stick was just to get their attention.

The whip I settled on was one braided using four strands of rawhide. It was tied where the braid ended with a knot leaving the four stands unbraided for about five inches. These strips had a small tight knot near the ends. These knots were what would cut and cause the most pain. They were extremely vicious in the right hands. Whether I would cause his back to be turned into raw meat remained to be seen.

If I kept a vision of Winnie in front of me while administering the punishment, I'm sure his back would tell the story. I paused in my thoughts. I had been ordered to do this. In a way I was relieved. I was an officer of the law and had been ordered to perform a duty. I would do it of course, but I began to doubt I would enjoy it. I wondered if the judge sentencing Innes to this particular punishment had anything to do with an off hand remark I had made to the prosecutor one time not long ago. Probably! Oh well, it was now my duty.

I had gone up to the saloon to check on Sloan and tell him his dinner was on the way. I stepped out into the street. I had to wait a minute because of a wagon with canvas covering the bows was coming slowly down the street. It was a two-horse team that appeared to be tired. I was startled when the driver spoke, "Hey Riley, I wondered if you would be in town."

Startled, I exclaimed, "Pa, I didn't recognize the team. How'd you get here so soon?"

"Took the boat down river to Louisiana. We left not long after you did. And then come across."

Where's Ma?"

"She's in the back. She hasn't stood the trip too well. I should have stopped earlier, but she wanted to get here and said she would rest as soon as she got home. How's it going? How's Winnie? Is she in town with you?"

"No, she isn't, Pa, Winnie was dead when I got here and had been for a long time. The whole valley went to hell in the last year an a half. How bad is Ma?"

"I think she'll be fine. She needs a place to recuperate, that's all. You're wearing a star that says marshal. You moved into town?"

"No, it's a federal badge. I wish you hadn't reached here for a few more days. We've got some unpleasant business going on and I just as soon Ma didn't know about it. I'll break Abby loose and have her go out to the ranch with you. When I got home, the ranch had been taken from Winnie, but I have it back now. There are some people staying there, but they'll move out and into town if they have to. They will be gone in another week anyway."

"We'll make do. Maybe we better stay in the hotel until they leave."

"I don't know. I've got some unpleasant things to take care of starting tomorrow."

"Like what?"

"I've been ordered to whip a man. This is by order of the court and in a couple days, I may have to hang a couple more. They will be sentenced the day after tomorrow. Court's in session and there are still more to be tried. That's taking place tomorrow too."

"What in hell has happened to the town?"

"It isn't so much to the town, but to the ranches. The town's people aren't too happy about what's happening because they have benefitted by the Scalawags that came in and took over a couple years ago. The judge is getting things put back together and trying those that caused the trouble. You'll learn all about it as soon as the dust settles. Let me find Abby and she'll help you get settled better than I can. She will have the time and I may not. Actually she can fill you in better than I could anyway."

"Do what you think best, Riley. Can we still get a decent meal at the diner? We're kind of sick of cooking for ourselves."

Duffy came out of the saloon. "Duffy, these two are my Ma and Pa. Can you find Abby? My folks will be in the diner." I guess Ma had heard Pa talking to me. She was standing behind Pa and looking over his shoulder. Ma looked worn out. I went around back and lifted her down. Ma clung to me.

"Riley. Are you in any trouble?"

"No Ma, not now. Things aren't the same as they were, but nothing for you to worry about. Abby will be here soon and she will take care of you. She is an amazing person. I would be lost without her."

"I heard you tell Pa that Winnie is dead. Is she going to take Winnie's place in your life?"

"We're talking about it. We have communed with Winnie's spirit and didn't get the sense she would object if she knew about our situation."

"That's wonderful, Riley. Would you walk me into the diner? I'm a bit unsteady. I was good up until three or four days ago. Traveling for so long just has worn me out."

"I know, Ma. You'll be fine after a bit. Abby will see that you are. I promise I'll be with you all the time in another three days. Things are just so unsettled at present. Sarah Holcomb will look in on you too and help if you need it."

"That's wonderful. I'll love seeing Sarah again." It wasn't long before Abby showed up and rushing to Ma, hugged her.

"Riley, what do you want me to do." They turned to me. Both Ma and Abby had tears in their eyes.

"It's frightfully crowded out at the ranch. You have five of the dance hall girls in the bunkhouse. The judge and the prosecutor have two of the bedrooms. I'll let you have Duffy. See if Sarah Holcomb will put my folks up. By next week most of the crunch for room will be taken care of."

"I can do that with no problem." I motioned with my head for Abby to follow me out side.

"Abby, don't tell my folks what is happening here in the next three days. I don't want them to know what I have been ordered to do."

"Okay. When will you be out to the ranch?"

"I'll try to get out there for dinner by noon tomorrow. See if Sarah will cook it for all of us? You had better get supplies in case she is short."

"Can do." I went back inside and told Ma and Pa that I had to go down to the jail and watch my prisoners.

"Ma, you're here so you rest up and I'll be home as soon as possible. You relax and get back on your feet." I was depending on Abby to take care of them. She had been very close to them in Saint Louis, living together as they did, so she would have little problem. I also was thankful that Abby was going to be out of town tomorrow when it was time to whip Innes.

I was back from the jail and helped Ma into the wagon. Duffy and Abby followed it out of town. I looked up Proctor and the judge, asking if Marshal Blue couldn't take over the trial for the rest of the Scalawags tomorrow. I needed the time to get my folks settled. They agreed he could take care of that. I didn't mention that I could use the two rooms they were staying in at the ranch, but when they had heard my Ma and Pa were in town, they said they would pack up their things and stay at the hotel from now on.

"Judge, are you going to be here in the morning to see the sentence of Innes being carried out?"

"Of course I am. I ordered it and can no do less."

"I'll see you in the morning. Have a good night."

You might think I wouldn't sleep when I crawled up into the loft of the livery stable. I got comfortable and went right to sleep. I suppose this was like the night before you were going into battle. There had been enough of those in the last few years so I had learned to be calm about whatever the day would bring. Tonight was the same.

I awoke at 4:45 and got up and headed for the diner. It opened at 5:00 so I was the first customer. I ordered a full breakfast and had a cigarette. I still smoked a little, but was aware that Abby detested them. Today I needed one. The judge and the prosecutor came in as I was leaving the diner. I nodded to them, but didn't speak. I knew that they would be at the flag pole a little before my leading Innes there to be tied.

Marshal Blue was standing in the jail's doorway when I arrived there. I asked, "Did you get what I asked for to be handy, just in case Innes changes his mind? He nodded. I entered the jail at exactly 6:00.

Brickland spoke from the cell where he was locked in with Jeff Parker. "You know this is a kangaroo court, don't you?"

"It may seem so, Brickland, but it is the only one we have. Everyone here is either elected or appointed by the Federal Government so it is legal. Also it is damned necessary given the crimes that have been committed by the individuals being charged. If you had come before a military tribunal, you would have been shot out of hand. Say no more to me about it."

I passed on to the cell that held Bert Innes. "Mr. Innes, it is nearly the time to walk up the street. Please disrobe. You may retain your shoes. I brought a coffee flask. Would you care for a few swallows? It does have a stick in it. We have the time."

"No, thank you. I do appreciate the thought. Tell me, will Judge Kelly be there when you carry this out."

"Yes, he said he was going to be."

"May I have a private moment with him?

"I'll ask and urge him to do so." I watched as Bert Innes removed his clothes. He had been here for almost three days and was considerably rumpled. His skin was white as any indoor man would have been. He had a small pot belly and not well muscled at all. He was a small man and looked more so now without his clothes on. I guided him out the door and turned to lock it.

When I turned back, Innes hadn't paused when I did, but had started up the street alone. Was he anxious to get this over with? I couldn't tell. "McBain, don't feel badly about having to whip me. I deserve every bit of what is going to happen. Not many men can say they have killed a woman. Especially one who they thought so well of. So do your damnedest when you pick up the lash."

"Mr. Innes, I have seen some horrible things during the war. I'm sure there will be other horrible deeds committed before the country puts this war behind it. I'm not making this something personal. The whipping will be the same whether it was my wife whom you killed or someone else's." We walked steadily up the street. When we were opposite the hotel, there were some people out there watching. I stepped to the side to shield him from their view."

"I thought the whole idea was to humiliate me by making me make this walk without clothes on?"

"It was, but there were women in the crowd. It was for them not for you." From then on we were silent.

When we reached the flag pole, Marshal Blue was standing beside a saddled horse. There was a small canvas on the ground a dozen feet from the pole. Under it there was a rope with a knotted noose on one end. Also I could see the handle of the whip I was to use. On the ground lay some short ropes to bind the prisoner to the pole.

His hands would be tied over his head so that they wouldn't interfere with the lash being applied. There were to be bonds for his feet and higher up just below his buttocks to keep him steady in case he fainted or sagged away from the pole.

There were spectators beginning to come closer and I indicated they were to stand out in the road. "Judge Kelly, the prisoner would some private words with you as soon as I finish binding him." Judge Kelly nodded and when I finished I waved the spectators away. Innes spoke low to the judge. I was closest, but couldn't hear what he was saying. The two used all the remaining minutes. Finally the judge backed away.

"Marshal McBain, it is time, and you may proceed."

My first blow was to get the range. It was a little too far to the right side of his back. I adjusted my stance. The second blow was just where I wanted it to land a few inches above his right buttock. I was careful not to hit the same place twice. My strikes marched from his tail bone up his back. He screamed out loud on the fourth strike. His shoulders were hunched. It was on the sixth blow that I reached that point. All the marks now were to the right of his back bone.

I backed up a few inches and began placing them to the left of his spinal column. I knew if I hit the same place twice, I would be drawing blood. So far I hadn't done that. I was laying my shoulders as well as my arm into the punishment. My strikes were measured so Innes knew when the next was coming. He was screaming steadily now. I'm sure his nerves were confused and the pain from each small area was radiating throughout his whole body. I laid number thirteen on and then he screamed to stop.

I paused and looked over at the judge. He nodded for me to do so. The judge went around in front of him and asked, "Are you sure this is what you want?"

Faintly I heard, "It is." Innes was sagged back against his bonds. The muscles and flesh on his back were quivering constantly.

The judge spoke, "Marshal McBain, cut him down and get him on the horse. Marshal Blue, prepare to hang the prisoner." He motioned to a couple troopers that were standing by to help carry out his new orders. Marshal Blue retrieved the prepared rope from under the canvas and threw one end up over the arm on the flag pole. Harry Sims, the Pinkerton, agent placed the noose around Innes' neck just as I sat him on the horse.

Marshal Blue tied his end to the flag pole where normally the flag rope was tied. We all stepped back. Harry Sims picked up my whip and struck the horse sharply. I believe Innes' neck had snapped as the horse lunged forward. The rope stretched, but Innes still was three feet off the ground.

I turned to look around me. The ranchers were gathered behind the troopers who had formed a few feet away from the flag pole. Behind the ranchers the townsfolk had gathered into a restless group. I heard a couple people retch and most of them turned away. The townspeople were glaring at us who were grouped around the dangling dead man. All the ranchers avoided my eyes, but still there was some with satisfaction on their faces.

The judge spoke. "Sergeant, cut the dead man down when you are sure he has expired and then bury him. Marshal McBain, follow me to the bank building for a few words and then you are relieved of duties so you can visit your family."

I went inside the building behind the judge. I glanced at the clock on the wall. Christ, it wasn't even eight o'clock yet. I felt it should be at least noon. "Riley, please come into the office. I just wanted to commend you for all you have done to see that justice has been served. The people of this community won't realize it and probably won't recognize that you have pushed the bad times away and set it on the road to a peaceful community everyone can be proud of.

"I just want to tell you what Innes said to me in that private conversation he asked for. He told me he was going to stop the whipping and wanted to be immediately hung. He said if he completed the sentence and lived, the whipping would someday come back to haunt you. He said he knew what it was like to be haunted. He had struggled with a visage of your wife ever since he fired at her when she was getting away. I think his one regret in life was the one concerning your wife. I couldn't see that any of his other misdeeds bothered him at all. At least he didn't mention them.

"So put this all behind you and build for the future and forget the terrible things that have happened in the past. If you would come into town tomorrow, I'll open Innes' will and read it. I said in court the other day that I have confiscated the monies here in the bank that the gang had received from the sale of the stolen cattle. Would you pick two of the other ranchers that you trust and see that it is distributed fairly?"