Chapter 6

When I went by the livery stable the next morning I looked onto the hay barn floor. I could see a man hanging there. There were a half dozen of the troopers taking down another body. I paused and asked why the barn was used to hang the men. The judge thought that any more of a public display might unsettle the town more than it was so it was hidden from their view.

I agreed and headed up the street leaving the troopers to carry on. Before I reached the hitching rail before the bank, I saw Judge Kelly go inside. I tied up my mount and joined him.

"Morning Riley, We got just about everything accomplished that needed doing. I'm going to speak with Brickland this morning. Also, I'm going to have a notice posted in a few public spots around town detailing what and why we did something. It will be up to you to put the valley back together after we leave.

"I think we can be on our way the day after tomorrow. The cavalry will be pulling out tomorrow. The hardcases that hung around with the Scalawags will be going with them. You should use Sam Pickens and one of the ranchers to help you get the town back on even keel. Make sure the Mexican community is involved and take care to integrate the Mennonites into this area as well. I think you are up to the task. Eventually the past with its bad times will fade into the distance."

Judge Kelly reached into the desk drawer and pulled from it the last will and testament of Bert Innes. "Attorney Brickland will be here in a few minutes. When this envelope is opened in front of me, he will swear that there hasn't been any changes to this document since Innes had him construct it. At that time I will read it. It is for you to assign Innes' worldly assets to those in such a way to best serve the community. You are named, not only as receptor, but as the administrator of those assets that don't pertain to you directly. I understand that he did make some suggestions."

I thought, "So, I'm not done with Innes yet? This seems to be on-going."

I needed clarification about the lawyer. "Judge, what are you going to do about Brickland? He was guilty of several crimes."

"What ones, Riley? I admit he was certainly unethical and guilty of collusion with the Scalawags. That said, when I--and the men with me--leave there is no person here that knows the law better. He is a good lawyer in that he knows the law, crooked that he may be. You, yourself, will need his advice in settling Innes' will. I'll threaten the hell out of him and will return in a year to review his actions. By that time, the need won't be so great."

I stared at unbelievingly at the judge. He continued, "Riley you are an intelligent person. I'll send you a copy of some laws that might be of necessary interest. You can read up on the law and what's behind it. You can watch Brickland and know if justice is being practiced."

I didn't have time to object because Brickland came into the bank. He had Graham Brown with him.

"Okay, men let's get the will read and discuss what should be done. Attorney Brickland, I'm going to open it. I want you to read it to make sure it is the same as what Bert Innes swore that it was his last will and testament." He opened the envelope and Brickland read through it. It took several minutes for this.

"I swear this is the same document that Bert Innes had me prepare and he signed it. The list of chores and distributions are as I remember them. First he named Riley McBain as administrator.

"Banker Innes told me that. I have already informed Mr. McBain that he was to fulfill that duty. That done, will you tell us what the will says in words we can understand in layman's terms. You understand that I have vacated the sales of property that the men with him acquired through death and coercion?"

"I do. First he said the money for the sale of the stolen cattle is in a separate account labeled 'Cattle' and Mr. Brown will find it listed in the back of the Bank's ledger. There is also a list of what cattle were sold under each brand. Bert told me that he kept meticulous records of the each transaction. He suspected at some time in the future he and his co-conspirators would have a falling out."

"That's good. That will make deciding how much each rancher is to receive. Mr. Brown, I direct you to set up an account for each person. If they don't have one, create one and deposit said money into it. If there isn't sufficient to cover it all, divide it accordingly."

"I'll certainly be glad to do that, judge. It won't be too difficult given the notation he left of where the money came from. Riley McBain as administrator can oversee and audit my figures."

"Fine. Now, Mr. Brickland would you tell us his other intentions and suggestions that are in the will and pertains to the townspeople and to the ranchers. I understand that there is some distribution of the titles of certain properties?"

"There are several. Mr. Innes held title to all land that his associates acquired. He declared that this was a common agreement to prevent the principals fighting amongst themselves. First there were the four town lots owned by Ezra and Brian Sloan. Two had buildings on them and those and two empty lots are to be returned to the town held in public trust to be used for the common good. The livery stable, building and lot, is to be sold at auction, the monies again used for the common good of the town. The freight yard, buildings and equipment the same.

"Mr. Innes was the person who contacted the Mennonites and urged them to immigrate to this valley. They are to be given title to the seven acre lot outside of town where they are presently staying. This is for a church, a school, or for commercial development if they desire.

"Mr. Innes was impressed with Mr. McBain as a leader and he asks two things of him. First that he find farmland for the Mennonite community. Mr. Innes promised and received partial payment for nine sections of suitable land for farming, location to be determined. The Mennonite payments to date, has its own account here in the bank and it is suggested that it be distributed equally among the ranch owners. Mr. McBain, as administrator is urged to see that the Mennonites families are settled on nine sections somewhere.

"The McBain property was also acquired for future farm settlement. Judge Kelly has declared Innes' titled vacated to the McBain property and title should be returned to Mr. McBain.

"Lastly, the personal account of Bert Innes is willed to Riley McBain without restriction and is his to do with whatever he desires. The Timothy Long ranch was intended to be available for the placement of the new settlers and that title is at present willed to the estate of Winifred McBain. Innes regrets only one ill undertaking in his life, and that was his lusting after Mrs. McBain and by his hand causing her death. His apology is written out. It is signed Bert Innes. The signature was witnessed by Graham Brown.

Brickland paused and then said, "This document was created in the hour that Judge Kelly gave Innes. He apparently thought about this while waiting his day here in court. Innes dictated it to me and it was difficult writing because he talked quite fast. I did have time to read it to him and he was satisfied he hadn't forgotten anything. It may be a little rough, but the will stand up in any court in the land."

"That's a good piece of work Mr. Brickland. Riley, can you work with Attorney Brickland, satisfying all aspects of the will?"

"Of course, Judge. It may seem odd, but I find I don't feel as much rancor toward Bert Innes as I have. Don't think it is the money that it is coming to me through Winnie's estate either. I'm impressed the way Innes tied up all of the loose ends of his life. Only a person who kept control of everything would be able to this. Looking at this in a different light, he had to be the worst of the worst to be the cause of so many deaths throughout his life. It makes you wonder if Quantrill wasn't just an extension of Bert Innes and it was actually Innes who was behind it all."

"We'll never know. Thank God both are now dead."

I pondered what had just been said. It looked as if I had the title to my ranch back. Also, I would be quite well-to-do when Winnie's estate was finalized. I was pleased the rancher owners would get the money from their stolen cattle. Sharing equally in the down payment monies from the Mennonite settlers would do two things. It would in a way to satisfy the disposal of the Tim long property and I supposed that also legally belonged to me. I could do as I wished with it under the terms of the will. The land would no longer be a ranch, but by sharing in the money from the down payment would give the ranchers less of a reason to have ill will with the Mennonites.

I was particularly pleased that the Mennonite community, after traveling so far and under such harsh and uncertain conditions, would soon have land they could call their own. "Judge, I will work hard to fulfill my duties as administrator to the best of my ability."

"I'm sure you will. You know of course you may legally bill Innes' estate for the hours you put into performing your duties. You may hire anyone to help you with that too. I would suggest that you talk with Attorney Brickland about this. There are some personal papers belonging to Innes here in the bank. I have had them bundled and placed in the safe for you to go through when you have time. I'm sure what's in them will give you more insight into his mind. There may be some facts in them that the public doesn't need to know. Graham can hand them to you when you work on the settling of the estate.

"Understood."

"That done, we have one more case that needs resolving." He turned to the lawyer, "Attorney Brickland, stand before the court. You are charged with various crimes, mostly in disregard of the performance of your sworn duty to uphold the laws of this state and the country. How do you plead?'

"Judge, I don't have anyone represent me. How can I plead under these circumstances?"

"Good point. I'll appoint Riley McBain as advocate to represent you. Will he satisfy you?"

Brickland thought this over. "It does. He doesn't have a law degree, but I believe he is an honest person. May I confer with him?"

"Certainly. I'm going over to the diner and get me a coffee." Judge Kelly didn't even look my way when he left.

"Riley, What do you think the Judge has in mind for me?"

"I'm guessing if you plead guilty, he might just fine you. Do you have any money?"

"I have a few hundred dollars."

"Plead guilty and I'll suggest a fine of $500 dollars. You'll make that back when I employ you to settle the estate of Bert Innes. By the way, what's your first name? I've heard it, but don't remember what it is."

"It is Lawrence. My friends call me Larry. You may do so."

"Okay, Larry it is. I don't think the judge will mind if we step out while you smoke a cigarette." We soon watched the judge come back across the street. When we got back inside, the judge declared the court was back in session.

"How do you plead?"

"Guilty, your Honor."

"Riley, explain the plea the prisoner just made?"

"The guilty plea covers all crimes known and unknown until this morning. Continuing forward the prisoner swears he will never commit another crime."

"Do you have a recommendation as to his punishment?"

"A fine would be justified in this case. I would think in the range of $300 to $500 would be in order."

"So noted. Lawrence Brickland, I fine you $500. You will be a free man as soon as the fine is paid."

"Judge, to whom do I pay?"

"To me of course. Riley, I'm going to end this court's session. I'll be spending one more day here to relax and then I'm going back to my own district. If you would give me General Grant's address, I'll telegraph and report that the issues here have been resolved. I'll follow that up with a letter explaining everything."

"Thank you, Judge Kelley. I must say your court was a little unusual, but certainly effective. I feel justice was served very well. Yes, a few corners had to be cut, but when looking at the whole picture, justice I believe was applied fair and evenly. It got a few Scalawags out of circulation and that was the important part." I shook hands with Judge Kelly and now it was up to me to administer the Innes estate.

I watched Larry Brickland withdraw 25 gold coins from his account and hand $500 over to Judge Kelly. Judge Kelly shook his hand and handed him a receipt. "I'm buying lunch. There are a few things I want to pass on and we can discuss these while eating." The diner had an alcove that was used for a sizable group when they came in. We headed for that. Kenny Proctor, Sam Blue and Graham Brown joined us.

We ordered. Judge Kelly now took time to speak. "Graham, you know banking better than anyone else in town. I'm naming you president of the bank. Give Riley the names of three people who can act as directors. Riley, that badge I gave you making you marshal is only temporary, but I'm making it permanent for a year. There are no law officers in town and that will have to be addressed by the town council.

"The council should name Jim Backus as town clerk to take care of the paperwork brought about by Bert Innes' death. He was clerk before Innes took those duties away from him. I'll speak to the town council tomorrow about electing people to fill different positions. Innes seemed to have been in charge of most everything concerning the town. All of the title changes will have to be recorded to make things legal. I suppose if there are any arguments, any of the people can write me and I'll make a decision and straighten things out. You do have a circuit judge that comes through periodically. You should approach him first.

"Riley and Larry, the will that Bert Innes left doesn't have to be open to the public. If any of the decisions you make come into question, I'll return and settle them after you say you have fulfilled the terms. Someone has to have the final say and I'll take it on as one of the duties that was been thrust upon me by General Grant working through the federal government.

"I would advise that you notify the town immediately about the property they are about to receive. That should dispel a lot of the resentment that has come up. After the town agrees to accept the properties you've done your duty. Just make sure you receive a document of acceptance from the town council. You won't have to get involved in how the property is to be used. Let the town fight over that ... and I suspect they will.

"Next, I would suggest that you inform the Mennonites that they will have title to the land where they are parked. You can also tell them that you are working on finding land for them to settle on. I wouldn't be too definite at first about where, just that it will suitable.

"Why shouldn't I be definite?"

"Because the ranch owners may put up a squawk about some of the range being turned into farmland. The Tim Long ranch was left to your wife's estate, but I would urge you to disregard that and sell it to the Mennonites. Probably you should call a meeting informing the ranchers that they are getting the value of their stolen cattle returned. Also what the newcomers have paid in so far, the money is to be distributed among the ranch owners.

"This should go a long way toward quelling resentment from them. I find that cash money can do that. You might point out repeatedly that the Mennonites are paying for the land and have paid a third into the bank already for nine sections. As Winifred's estate holds title to the Tim Long ranch, that money will be split five ways among the other five ranchers. You could argue you are due a share also, but you might not want to as you will receive much more as heir to her estate. But then you are administrator and it is in your hands."

Judge Kelly paused and then gave a reason for his suggestions. "I've been a judge for twenty-five years ... fifteen of those years as a federal official. The valley ranchers have been treated very unfairly these last couple of years. This should calm the situation. Again, just as soon as the paperwork is finalized you can say it is out of your hands and you won't have to defend your decisions about satisfying the terms of the will. That is why I said I might return to see how everything played out. I'll take up any disagreements at that time."

We finished up lunch and stood in the street finishing our cigars. "Come on Brickland, let's go talk to the town council. No time like the present."

"Okay, good plan. You know, I wish you would call me Larry."

"I can do that. Whenever I used to hear the name Brickland, I thought in my mind about a crooked lawyer, so Larry it is." We went into the general store and found Sam Pickens.

"Sam, where's the rest of the town council?"

"Around somewhere. What do you want them for? You planning on charging them with some crime? They haven't done nothing."

"Nope, no crime. I want a meeting. Innes appointed me administrator of his estate. Some of his will pertains to the town. The judge also gave me some instructions about the town that should be looked into."

"Riley, you're going to have a damned hard time ramming your sense of justice down our throats."

"Sam, just call the council together and hear me out."

Sam went out the back door of the store and fifteen minutes later he and the other two members came back in. I asked, "You got someplace private where we can talk?"

"My office." It was a little crowded in there but we made do.

"Okay, here's the deal. You know Larry Brickland. As far as I know he is the only person in town that knows the law. Judge Kelley put Larry here under bond and if I find out he does something crooked in the future I'm supposed to shoot him. That said;\, he is speaking for me about getting the town back to working as it should be. Larry... ?"

"Thanks, Riley. Sam, the town has lost a lot of people who did the town's business. It is up to the council to see that those offices are filled as soon as possible. You need a sheriff or at least a town marshal ... maybe both. You need a town clerk to keep records. Innes took over that when he took over the town, but he is gone. Jim Backus will be acting in that capacity until it is made permanent.

"Also Innes had title to several pieces of property holding it in the other's name. He owned the livery stable, the two Sloan properties and the two empty lots on each side of them. He also owned the freight yard. Riley is asking that the town agree to receive these properties. They are to be turned over without restriction. The men who are running the two businesses may want to continue under lease or buy the property. All Riley is asking is for the town to agree to accept them. That fulfills his duty as administrator."

"God, that's all prime property. What should the town do with it?"

I spoke up. "It's nothing to me, but you should get some businesses on the property. I would if I was running the town. Put it up to the townspeople and let them decide. You'll have to meet to accept the property anyway. Do it as soon as possible if you would so I can say it's done. Larry will provide the titles in a few days."

"Are you getting anything out of this?"

"Not much. Larry and I are billing the estate for our time, that's all. Get in touch with me when you can. I can't believe the town won't accept them, but I need to know."

"Oh, we will and you can count on it. Riley, are you out at your ranch now?"

"Yeah. The judge vacated Innes' title so I have a home again." I turned to Larry. "Come on Larry, we have more to do."

We stepped outside. Larry was smiling. "You wouldn't shoot me would you? You laid it on pretty thick in there."

"Larry, try something crooked and see." I wasn't outwardly smiling ... but? Larry wasn't smiling now after I answered. "Let's get our horses and talk to the Mennonites. We rode in silence out to the Mennonite camp."

Jacob Rutterman greeted us as we stepped down from our mounts. "Mr. McBain, what is it that you require now?" The last time I had been here I had asked for a doctor to treat several injured men. Two of those men were now dead. I wasn't surprised that my reception was cool because of it.

"Sir, would you please gather your people? I have something to say and it concerns you all." Rutterman sent a couple of kids that had followed him out to spread the word that a person was here to speak to them. They gathered slowly in front of me. I was surprised I faced so few men in the group. Most were women and various children of all ages.

"Larry, would you tell these people why we are here?"

"People, you probably know that the banker you dealt with has paid for his crimes with his life. That said, he didn't forget you. He named Riley McBain administrator of his estate. One of the elements in his will stated that he owned the piece of land you are now camping on. It comprises seven acres in all. Mr. McBain is here to satisfy that part of Mr. Innes' will. You will have title to this land to build a church, a school, or any other endeavor you come up with."

"You mean this land will belong to the Mennonite community?"

"That's what I am saying. When I hand the title over to you, all you have to do is agree to accept the land. That will satisfy the terms of the will. Mr. MacBain thought as unsettled as the situation was when you arrived, you would like some good news."

"This is good news and we welcome it. However we still don't have land to farm yet. Do you have any good news about that?"

"Mr. McBain is working on that. Riley."

"I can tell you that the money you put down for land is still in the bank. There is also some land that is suitable for farming that may be available. The title at present is somewhat clouded. It will take a few days to clear it up. Keep the faith that you will be on your own land shortly."

"This is good news too. We do have a problem, though. We need grazing for our stock. They have depleted the feed here on the seven acres. We must find more immediately."

"Before I address that problem, let me ask a question. Tell me how you are going to make farmland out of the ranchland with only the few people you have with you? You have very little stock for such a task too."

"Oh, I thought you knew? Many of our men and the older boys are on their way here with our equipment and the stock that we shipped on the boat that was companion with the one we were on. We understood from the banker that there would be cows to be found grazing free on the range when we arrived."

"I wouldn't know of any here on this range. Remember the cows are the livelihood of the ranchers here in the valley."

"Mr.Innes told us that the ranchers had all left leaving the cows and young stock to fend for themselves."

"I suspect that was the plan, but it didn't totally happen. One of the ranchers was killed along with some of the hands who worked for the different ranches. Most were driven from their homes. We rectified that last week. You saw it close hand. The land has been returned to the original owners. What the ranchers need the most of are good bulls to service their cattle."