The Court Hearing by Lyn Robinson
Despite sleepless nights everyone was ready early and with the children packed in two wagons and very excited at the prospect of a long trip there was almost a party atmosphere despite the underlying seriousness. Adam felt and looked much more relaxed after chance to talk and a long sleep. He was in high spirits and his confidence carried his family, with Adam so sure they could stifle their doubts and fears. Ben helped Adam pack the mass of documents he had prepared for the court and was impressed again by his son’s thoroughness. Once the vital papers were all checked off and packed Ben stood looking at the mountains that he loved and for a moment fear was clear on his face, fear that by the time he returned this land would no longer be his. Adam read the look and went over to his father, gripping his shoulder. “I’m going to win this case Pa. Win so convincingly that noone will ever challenge our right to be here again. It’s the only thing that can justify what I’ve done these last weeks.”
“All you did was protect us.”
“It cost you all especially Carole. To justify that to myself, I not only had to keep everyone safe but to use the time I’d won to advantage, to ensure we won this case.”
“You’ve always been your own hardest critic.”
“I’m too old to change
Adam had arranged to collect the rest of the party from Jess’ on the way and Jess had everyone ready. Jamie and Dick were sharing the wagon with Liza while Jess himself and Johnny rode. As soon as Adam appeared Jess could see that all family arguments were over and as he’d expected they had understood and backed Adam. He was delighted to see it but apart from a casual greeting said little to Adam. Adam was wrapped up in his excited children; they had missed him and were making the most of Daddy’s attention.
Ben was pleased to see Jamie, very fond of
the young man whom he’d so nearly adopted. Jamie was happy to fill him in on
the adventures and successes of his trip to
Hoss found himself riding next to Jess and to his surprise Jess was ill at ease. Jess couldn’t help wondering how Adam’s family had taken the news that he had been in Adam’s confidence while they had been fooled at every turn. Slowly as Hoss chatted he relaxed, he was still part of the extended family. They had drawn slightly ahead of the others and Hoss asked “You knew what Adam was up to?”
“Yeah. I was sorta involved even before he decided to go it alone. I promised him not to tell.”
Sue smiled “We understand that Jess, noone is blaming you.”
Nita added, “We know that Adam is your friend. I mean I know we all are but Adam comes first.”
Jess smiled “I’m glad you know that you’re all my friends but apart from Liza I guess that Adam means more to me than anyone else. I owe him so much, my life on more than one occasion and other things.”
Hoss said “Way I remember it he owes you his life too. Anyways Jess I’m glad that you knew. I didn’t sleep too much last night after he told us what he’d been up to. I guess without being there it’s impossible to really understand the strain he’s been under but even so I reckon I can imagine a little. He must have needed someone and he said himself that he couldn’t have coped without you. I just wanted to say thank you.”
Jess felt himself blushing, “Thanks Hoss but really there was so little I could do, act as a post office and go between and occasionally be around when he needed to blow off steam. I wished there had been more.”
Sue smiled up at him “Don’t underestimate what you did Jess. Just to know that there was someone he could talk to I’m sure meant a great deal.”
Jess was very grateful that they had taken his involvement that way, it meant a lot to him and he was moved that they considered it necessary to thank him. However embarrassed he dropped back to join his wife and the wagon but Ben was there and he had been looking for his opportunity to add his thanks to Jess, sure that his support and presence throughout had been vital to Adam. Ben could see that Jess was embarrassed and he kept it very simple “I wanted to thank you Jess, for standing by Adam. I know your support was invaluable to him.” Almost formally Ben offered his hand and Jess took it, unable to answer.
The strange cavalcade made good time,
reaching
Adam found the train’s movement very soporific and after ten minutes Joe lent forward and took Anne. He could see Adam’s near exhaustion, bone deep after weeks of insufficient sleep, clearer now that he had relaxed with his family’s support. Adam started as Joe took the baby “No need Joe.”
“Stop fighting it brother, have a doze,
until we get to
“A mite tired” Adam admitted smiling gently at the concern he could hear in his brother’s voice.
“Then go to sleep, you’re going to have all too much to do next week.” Adam acknowledged that and rather to his amusement Joe insisted on swapping places with Carole so that he could provide a convenient pillow for his brother. Adam accepted his brother’s fussing for once, having missed his brothers and relaxing against Joe he was asleep within five minutes.
Carole was glad to see it and she was equally glad of Joe’s and Nita’s help to entertain and answer questions for the three excited older children. At least the train had the same effect of the babies as it did on Adam and they slept.
It was early evening when the train pulled
into
Bill and John were both awaiting then complete with four wagons ready to transport everyone out to the ranch. Adam was busy with his father ensuring that all the luggage was there, not that he had let any of the vital documents out of his possession for any part of the journey. Hasty introductions were made but most of them knew Adam’s old friends very well. Quicker than had seemed possible the wagons were loaded and they were on the final stretch out to John’s ranch. It was just over ten miles from town but on good road with fresh teams they made a quick journey.
The ranch wasn’t particularly big and John only had limited accommodation. His own crew were already camped out in three small parties to cover the boundaries of the ranch, He had made it very clear that there could be trouble but the men, a few from the ranch but mainly from his building crew, were all long time employees. He looked after his men well and they were fiercely loyal and almost looking forward to someone trying something with the prospect of a fight.
In the main house John had six bedrooms and he had already removed his own and Bill’s things to the bunkhouse. Even so it meant one room for each family. Adam and Carole with their four children took the largest room, with Sue Hoss and Johnny next door and Joe, Nita and Adam across the hall. Jess and Liza were next to Joe. John insisted that Ben took one of the remaining rooms giving the last to Johnny Sutherland, an Earl a member of the British aristocracy couldn’t be expected to rough it in the bunkhouse. Johnny tried arguing that he’d be fine in the bunkhouse after all it was their ranch but he didn’t get anywhere and Adam was no help. Adam found it very amusing, knowing that Johnny still found it more convenient to forget his rank and hadn’t really changed form the exuberant undergraduate he had first known at Cambridge. Considerably younger than Adam he had made an idol of the clever older man and come to rely on Adam to extricate him from the continual scrapes he got into. Adam lonely away from his family, missing his brothers, had taken Johnny into his heart almost as another younger brother and treated him as one. Since then Johnny had matured a lot taking his place in society as the Earl of Northumberland but at times, especially when he could break away from the rigidities of Victorian society he reverted to that undergraduate, Adam was well aware that the reason Johnny loved visiting him in the western USA was the chance it gave him to relax, forget all the conventions that ruled his life.
It wasn’t until everyone was settled and the children tucked up in bed that Adam had the opportunity to slip out and find Bill and John. He wanted to thank them for the arrangements they’d made for his family’s protection. He found them over by the corral leaning on the fence and chatting. They were pleased to see him but in the moonlight studied his face intently. Eventually Bill said “You look a mite better than last time I saw you.”
“I’m fine.”
“Exhausted!” John stated, “Could see that when we picked you up.”
“I have been a little short on sleep.” Adam admitted “but I’m fine. I wanted to thank you two for all you’ve arranged, I’m sorry we’re such a nuisance.”
“Hell the men are enjoying it.” John said “Spoiling for a fight. They are gonna be most disappointed if noone makes a move.”
Adam was serious at that, “Unfortunately I don’t think that they’ll be disappointed. Make sure they stay alert. It’ll be a few days but when I start our case they are going to know they’ve been duped and be out for revenge.”
“Just watch yourself Adam.” Bill pleaded.
Adam smiled “Don’t let’s get morbid; I can take care of myself. It’s a beautiful night just right for a chance to relax with old friends.”
“I’ve got a really nice brandy inside. “ John offered, “If you’re not off brandy for life after your imitation of a drunk?”
“Sounds good, I can still enjoy it in moderation.” Adam linked arms with his old friends, “You both know just how grateful I am for all your help.” He couldn’t say anymore and knew that it wasn’t needed, they knew how he felt and he in turn knew that help had been very willingly given. Adam went to bed fairly promptly, content to have his whole family in a safe place and happy to have Carole curled up next to him, enjoying seeing his children sleeping quietly nearby. Relaxed he slept peacefully and for once was late waking.
Carole had whipped the children downstairs as soon as Anne stirred and left Adam in peace and it was nearly nine-thirty before Adam wandered down, looking better for a long night’s sleep. He was ebullient and demanding coffee. Joe grinned at his brother very glad to see him back to his normal self but for now he just poured coffee.
After breakfast Adam joined his father and brothers and spent the rest of the morning showing them exactly what information he had managed to obtain and how he proposed using it. He was back at his efficient best and they all felt much happier about the court case once he had explained what he intended. As they had so often in the past they would put their trust in Adam.
Adam spent the afternoon checking up quietly on a few detailed legal points. Joe slipped in to join his brother and took over the job as a secretary as he had so often in the past. Adam was glad to have his brother’s help; they had always worked well together. He was already planning to have Jamie sitting at the defence table with him but, although Jamie had earnt the right and was a qualified lawyer, he didn’t have the instinctive rapport developed over so many years that Joe had. With a case that was difficult and more vital than ever before Adam badly needed that support, even if Joe wasn’t a qualified lawyer.
Adam finally packed the papers away “I’ll finish the presentation tomorrow, if you’ll help Joe?”
“You know I will.”
“Join me on the defence table?”
“Of course if you want me to?”
“I need your help brother. I have the facts, the arguments and I’m sure we are going to win but I guess I need some moral support. This one is so important.”
“I’ll be there.”
Adam buried his face in his hands, trembling slightly and Joe put his arm round his brother “Easy Adam, it’s alright. You’ve done a superb job.”
Adam couldn’t find his voice so Joe said it for him, “We do understand Adam, at least in part. I can only guess how you found the strength to fight on your own but I can imagine the loneliness there must have been over the last weeks. I’ve already thanked Jess for doing what he could but it wouldn’t have been enough. I know what all of us mean to you, that’s why none of the last weeks made any sense. You must know how grateful we are but now we’re here, we can do our share and you can relax.”
Slowly Adam relaxed under his brother’s hand until Joe was confident enough to let go and fetch his brother a brandy. Adam was glad of the drink and smiled at Joe, “I am alright little brother. Just as you said lonely. The hardest part was cutting you all off from my mind, meant I couldn’t relax.”
“Just once or twice it slipped and I knew we hadn’t really lost you.”
“I know when, once Hoss got to me. He’s always been ale to beat down my defences, so very simple just that he cares. Thank God it’s over, I couldn’t have kept it up much longer. I’d already told Doc a little and let slip too much to Dan. At the rate I was going everyone was going to know.”
“You did miraculously well to keep it going as long as you did. Come on put that lot away and lets go see the kids, you’ve earnt a break.” That was one offer Adam wasn’t about to refuse. He knew with his brother’s help the final copy of his presentation for the Judge would only take a couple of hours, the main work was done.
Adam cleared the work quickly on Sunday morning and then the whole family combined to take his mind off the case and help him relax. Adam was very willing to go along, he knew there was nothing more he could do until the following day and worrying about it would do more harm than good.
Late on Sunday Bill had a quiet word with his friend. “I’ve just had word from town; a Cartwright has taken rooms at the Grand Hotel. You up to anything?”
Adam shook his head, “Didn’t seem worthwhile, we are too well known.”
“Then who?”
“I’d guess my cousin Will. Word of this case has spread widely and it would be just like him to come and try and help. He must have picked up the rumours that have been flying around.”
“Makes sense. I know Will. I think I’ll ride into town and have a word, bring him out here.”
“Crowded already” Adam murmured.
“Yeah, but it may not be safe for anyone
called Cartwright in
“I’d be grateful Bill, I’m sorry we are being such a nuisance.”
“I told you before how we feel. Write me a note for your cousin, in case he doesn’t remember me.”
“Sure and be warned that he may well have his wife and three children with him to complicate matters.”
“Thanks! So I take the wagon. If they are all there either your Pa or the Earl will get their wish and have to move into the bunkhouse.” Bill just grinned and Adam relaxed knowing however many of them arrived they were welcome and would be well protected.
Bill made good time into town and went straight to the Grand Hotel. Will and Laura had just settled in with their three children and in the next room Carole’s cousin Meg and John were looking after their young baby. Will recognized Bill as soon as he knocked on the door but he was very surprised to see him. Bill said “It’s too long a story to tell you now but I’ve got a note from Adam, explains a little and it’s urgent you join the others out of town. Adam’s worried about your safety.”
Will was puzzled and Adam’s note didn’t add very much to what Bill had said. Laura read over his shoulder and then asked “Is Adam alright? We’ve heard all sorts of rumours.”
“He’s fine, been under a strain but I’ll leave him to explain. The end is in sight and he’ll win this case.”
Will looked at his wife, “I guess we do as Adam wants, he’ll have some good reason.”
“How about Meg and John?”
Bill was puzzled but Will quickly explained, “Carole’s cousin Meg and her husband and little daughter came with us, do you think they will be safe?”
Bill hesitated for a minute “Maybe, it’s a different name.” Then he shook his head “I know Adam wouldn’t want to take any risks and he don’t need anything else to worry about, so they’d better come too.”
“It’s an awful imposition on you.” Laura hesitated but Bill just grinned, “Not my ranch, its John’s!” Then he added more seriously “You know how much John and I owe Adam over the years, we’re very glad to help out. I said he’s fine and he is, now, but he’s been through hell in the last few weeks. His choice I know and for a reasons that seemed sufficient but you know him well enough to imagine how much it cost him of all men to cut himself off from his family. On top of that he’s got this vital case; he doesn’t need any other worries. So for his sake I want you and Meg and her family safe out at the ranch. I can’t offer great comfort but the company is very good and you’ll be safe.”
Will didn’t hesitate, “I’ll tell Meg and John and then come and help you pack. We’ll be ready in half an hour Bill.” He was as good as his word and the new arrivals finally realised how real the threat was as a party of five armed guards took position round the wagon to escort them to the ranch.
After the journey from
“You have some explaining to do.”
“Later I promise.” For a while things were
chaotic but Ben and Johnny willingly vacated their rooms and joined Bill and
John in the bunkhouse making room for the newcomers, safety had to be the
paramount consideration. It wasn’t until all the children, apart from Peggy,
were asleep and their elders fed that explanations were made. Adam gave a very
abbreviated account of what he’d been up to and why, but enough rumours had
reached
“Fine Will. Glad to be rid of the pretence but that’s not important now. It won the time we needed. I just pray I’ve used it to the best advantage.”
“You will win?” Laura asked. “You have to, the alternative is unthinkable.”
“I’ll win.” Adam said and smiled “Have more faith!”
Laura came over to him and kissed his forehead “Oh I do Adam and I’m going to court to see it.” She looked around as though expecting an argument but the only reaction was from Bill “Guess we ought to sort out exactly how many are going to need transport to town.”
Meg said “Someone will have to look after the children. I’d love to come but I think I’ll be more use here although I expect very full reports.”
Before anyone else could react Liza offered her services, between the two of them with Peggy’s help they could cope with all the children. Sue and Nita looked at each other wondering if they ought to stay but Carole knew her sisters very well. “Thank you Meg, Liza. I know it’s an imposition, mine’s the biggest I’m leaving four menaces but it is our home that’s at stake. We need to be there.”
Meg smiled “I know that and don’t worry about the kids.”
Hoss kissed her forehead; he’d always been very fond of Carole’s cousin, “Bless you Meg. The girls may need to be there but I have a feeling we may need them it’s gonna be a long week.”
John stood up and stretching his legs as he looked round his crowded room, “So that means Carole, Nita, Sue and Laura. Do you want to take the wagon or will you ride?”
The girls looked at each other uncertain and Ben said “I think we’d better take the wagon John. We have a lot of paperwork and books to carry too and I don’t want to leave them in town so the surrey would make life easier all round.” Hoss volunteered to drive which left a party of eleven to ride in, apart from the armed guard John insisted on.
The cavalcade assembled early the following morning as the court was due to sit from nine-thirty. They were noisy and excitable despite Adam’s insistence that he would barely make a start today, this first day would belong to the opposition and he didn’t intend revealing his own hand yet. In the end he sunk into his own thoughts, still nervous before a big case and none were any bigger than this. Jess helped Hoss organize everyone else, while Joe protected his brother from intrusion and soon everyone was on the move, leaving Adam in peace respecting his need to collect his thoughts.
Despite it being a civil action the court was full long before the start and the large contingent from the ranch were glad they had made such a prompt start. Joe and Jamie were both on the defence table with Adam for both practical and moral support; the immediate family was in the row directly behind them with John, Bill, Jess, Johnny, Dick and Meg’s husband John behind them. The rest of the court filled up with the curious, the Ponderosa was one of the best known ranches in the west, if not the best known. The rumours that had been flying around about Adam had done nothing to dampen enthusiasm either.
Adam watched intently but none of the
principals had come to watch although he was sure that they would have several
reporters amongst the crowd, briefed to give detailed reports on everything
that occurred. Certainly the newspapers were very well represented, even to his
astonishment Dan de Quille in person on a rare foray out of
“At least we’ll get an accurate story in one paper, or should I say a biased one!”
“Cheek! Seriously Adam, good luck, all
Adam smiled but his gaze was drawn to the opposing bench as the lawyers and the claimant took their seats. It was the first time Adam had actually seen them and he studied the men carefully, dismissing the claimant Sauvinet as a weakling but more interested in the two lawyers. The older man Edward Haslam was tall, distinguished looking with thick grey hair, dressed in a suit, but not nearly as formal as his eastern companion. The other man James Cullen was slightly built but very formally dressed in frock coat, waistcoat and fancy cravat. Both men looked intelligent and Adam knew he dared not underestimate them. He had collected a lot of background information on them but although their principles were suspect, everything he’d learnt underlined their knowledge of the law and ability to use it.
Exactly on the dot of nine-thirty Judge Harris took his seat and the general buzz of conversation ceased although an air of excited anticipation remained apparent in the room. The Judge was a small man but he dominated the room from his high chair, eyes bright with interest and an angular nose giving him a hawkish look. Adam knew he had a reputation of supporting the downtrodden and a dislike of the rich and powerful, whom he had often grouped together as corrupt and evil. In this case Adam had no doubt that without background information the Judge’s sympathies would be with Sauvinet, whom he would see as the underdog. One of his jobs must be to slowly bring out that Sauvinet was just a front man and the really corrupt powerful influences were on the claimant’s side. However the Judge’s sympathies lay his final decision would be on the basis of the facts and he had a good reputation for honesty and fairness, few of his decisions ever overturned by a higher court, so Adam felt they could have had a far worse Judge.
The Clerk read out the claim and Adam carefully collected the detailed presentation with the considerable pile of legal precedent that he had prepared. In this civil case the presentation would be given to the Judge at the start although both sides would have the opportunity to hand in supplementary material after the evidence had been heard. Much of the strategy of the case was inevitably revealed in the presentation and Adam could only trust the Judge to ensure its security. He watched impassively as Haslam introduced himself and his associate James Cullen before taking forward his own presentation on behalf of the claimant Giacomo Sauvinet.
Then it was his turn, Adam got to his feet “Your honour Adam Cartwright acting on behalf of the Cartwright family for the defence. My colleague James Hunter and my brother Joseph Cartwright acting as secretary.” With Joe’s help he moved the large stack of papers to the Judge’s desk, “The presentation on behalf of the defendants.”
Adam was very aware of the hasty whispering between Haslam and Cullen and knew that the sheer bulk of papers he had taken forward was worrying them. To their knowledge he had only had ten days to prepare the defence and they must have been expecting a plea for a continuance. This acceptance of the hearing now and the paperwork he had ready must have given them the first hint that the case wasn’t going to be as straightforward as they’d hoped. Adam wanted to keep a low key approach this first day and make sure there weren’t any surprises in the case he faced but this first move had been unavoidable
The presentations made both sides had the opportunity to make opening statements. Adam had a blank pad in front of him and while Haslam talked he took detailed notes. It was very much what he expected, a plea for the righteous claimant who had been kept from his rightful claim for so long by powerful vested interests. A brief historical background of the present claimant’s grandfather Julio Sauvinet, who had, according to Haslam, performed great service for the Spanish Authorities in exploring the unknown and been given the land grant in return. There was considerable legal detail on the agreements between the Mexican and United States governments when sovereignty changed hands at the Treaty of Guadeloupe Hidalgo, but before the watching crowd could really get restless Haslam had switched to the heart rending struggles of his principal in fighting for the chance to bring his claim. Adam barely bothered with that but he became more interested as Haslam outlined the case he was bringing, based on the document itself, with proof of its authenticity by an acknowledged expert Henry Newton and from Léon Padilla, an archivist from Spain. Testimony from Sauvinet himself and a man Charles Vegara, whose father had been with Sauvinet’s grandfather on his expeditions. The rest was predictable, witnesses from the land office who would testify to the extent and present holders of the land under dispute and legal experts on the law and treaties in question.
There were two new items to Adam but he wasn’t particularly surprised and quickly wrote out two notes, one to Johnny, did he know anything about this archivist, or have a contact that he could telegraph in a hurry to check. The other was a telegram he wanted sent to Santa Fé to the lawyer that Tony Canmore had briefed on his behalf for just such an eventuality, in order to check on Vegara. Adam had taken the precaution of warning Bill and John in advance that he might need extra information fast. John was sitting on the end of a row ready to slip out at need. He took Adam’s note and had a quick word with the others before slipping out. Closely followed by Johnny Sutherland, who smiled reassuringly at Adam, he could check.
Adam watched them go and then rose to his feet, He had no intention of doing the opposition any favours by outlining his own strategy and for a minute as he shuffled papers, he looked positively harassed, “The defence waves the right of an open statement, we just em.... I mean we have a complete answer to the claim.” He sat down knowing the opposition and most of the audience were sure that his words meant the exact opposite. He could see the confidence growing on the other table and was sure that he’d been right to wear his normal working clothes, that for now at least these formal lawyers were underestimating the cowboy who opposed them.
Although he intended a low key fight this first day Adam couldn’t afford to let them have it all their own way and almost as soon as the buzz of comment on his inept start had faded away he was on his feet again, “If it please your Honour, before witnesses are called, the defence has a request for detailed documentation of the claim.”
The Judge told the two lawyers to approach the bench and Adam with Haslam did so. Adam put forward his request to inspect the original document under which the claim was being made and to be provided with an exact copy. The Judge expressed surprise that he hadn’t already received an exact copy but only a summary and ruled in Adam’s favour. Haslam had been prepared for the inevitable request and passed over the copy on the Judge’s order. Then he ordered the principal exhibit to be passed to the defence for inspection. Adam’s request for a fifteen minute recess to check it was denied, but he got the more favourable permission to retain it until court recessed for the day, provided that he did not remove it from the court. That suited Adam fine and he was well pleased with the start that he’d made.
Meanwhile Haslam was starting his case with
the least controversial aspects. He had called an old acquaintance of the
Cartwrights Mr Jenks from the land office in
When it was Adam’s turn he didn’t waste time
querying the outlines of the grant but he used Jenk’s presence to get on record
the detailed deeds under which the Cartwrights held their land, legally
obtained deeds for every square foot under the laws of the
The dry legal arguments and detailed descriptions of each section for the record occupied the rest of the morning and much of the audience had drifted away to lunch, bored by the detail, long before the Judge took recess. Adam took the opportunity with Jamie and the two men, William Rochfort and Robert Munster, who had made the European archive searched, to study the original claim document. Rochfort was intrigued by the seal, it was wrong but he couldn’t put his finger on why. He promised to think abut it and get back to Adam. The rest didn’t tell Adam any more than the copy he’d had from Margaret but he was satisfied that all the points he already had were valid.
“Which one?” Adam asked.
“The archivist Léon Padilla. I know it from somewhere.”
“You were in
“Yes but it wasn’t from there. That’s what
is puzzling me. I’m a Professor of Classical Studies at
“Could you telegraph colleagues there, ask if they can help?”
“Of course.”
“At my expense.” Adam hastily added and watched the Professor leave to do as he was asked.
Meanwhile Jamie had come up with a suggestion about the seal and he and Rochfort were carefully folding the paper up along its original lines. Jamie looked up aware that Adam was watching him “It’s a great deal cleaner than most of the ones I saw.”
Adam shrugged “Been handled recently “
“No I don’t mean dust; I mean the actual engrained stains in the folds.”
“Makes sense Jamie but we’ll never prove it. They’ll just claim to have looked after it better or cleaned it out of respect fro the court.”
“I know.” Jamie sighed and then as Rochfort finished folding the document he frowned. Rochfort was studying it too and then the pair grinned triumphantly at Adam, “It’s upside down!”
Adam studied the seal “Are you sure?”
“Positive. I unrolled dozens of these things and the seal was always pointing to the fold.”
Rochfort concurred “In every case I saw it was the same. I knew something was wrong with that seal. It’s been lifted and replaced the wrong way round. The Spanish clerks were very traditionalist they wouldn’t have got that wrong.”
“I’ll need you both to testify, we can’t get sufficient numbers of other original grants to prove it.”
“But that shows it’s a fake. “ Jamie said excitedly, “Why not just tell the Judge now?”
Adam shook his head, “Haslam will just argue that mistakes occur. It’s one more nail in their story but on its own it won’t be enough.”
Jamie looked downcast and Adam punched his shoulder gently “Come on cheer up, it’s another thing that helps and its going to be the sheer weight of evidence on our side that wins. You’ve done well, go and have some lunch.”
“And you?”
“Joe’s fetching me something. I just want a chance to think.” In fact Jess came back with Joe, not to fuss at Adam but just to help ensure he had a few minutes peace and quiet in safety, Adam was glad to see them and in fact ready to talk. Joe asked “Anything worrying you about their case?”
“Not really. I’d like to know more about those two witnesses, as it is I’ll be going in blind, but maybe Johnny or Bill will come up with something.”
“Bill’s waiting over at the Telegraph office, anything comes through he’ll bring word.”
Adam nodded but tense he was sitting doodling and Jess said “Take it easy, you said today would belong to them.”
Adam smiled a little ruefully “I know Jess
I’m just on edge. That pair are not stupid; they’ll have covered their tracks
well.” Then as people began filtering back into court Adam withdrew into his
shell. The first two witnesses of the afternoon were both legal experts,
testifying to the agreements, which pertained to land grants, under the various
treaties, firstly between Spain and Mexico and then under the Mexican cession
of land to the United States. They spent some time proving the jurisdiction of
the
Adam asked “What measures did the United
States Government take to register such claims after 1848 and the treaty of
Guadeloupe
“A central register was setup in
“So there is no complete register of claims?”
“That’s what I said. Cases such as this would not be needed if the register was complete as the Government would not have sold the land in the first place.” Adam sat down at that, not missing the delight on the face of the witness who felt he had scored a winning point and from the expressions on Haslam’s and Cullen’s faces they concurred.
Adam was satisfied, he wanted to return to the register later and he had deliberately left himself open to the comment he’d received wanting to lull the opposition for the time being. His apparent attitude of disgust with himself wasn’t enough to deceive his family and Hoss whispered to Will, who looked rather concerned, “He was fishing for that, don’t worry.”
The next witness was Léon Padilla and Adam
studied him with interest. The man was obviously Spanish but spoke fairly good
English albeit heavily accented. Adam still had no information on him and could
only listen to his testimony with close attention, looking for any discrepancies.
Padilla claimed to have worked In Madrid as an archivist for the Spanish
Government. At that point Ben touched Joe lightly on the shoulder and passed
forward a note from Johnny. Joe passed it to his brother who scanned it rapidly
but he already knew the contents, the main Spanish archives dealing with the
Americas were not in Madrid but in Seville and had been for more than fifty
years. Adam concentrated on taking notes of Padilla’s testimony as he testified
to checking the Spanish record and confirmed the registration of the land grant
in
“Si Señor.”
“A well paid occupation I assume?”
“Oh non, the civil servant as you say is
not well paid anywhere, not in
“Yet you can afford time off and come all
the way to
“My expenses they pay.”
“Oh I see, a nice holiday?”
Haslam objected at Adam badgering the witness and Adam his point made withdrew the question. He went on “How did you come to check this particular grant?”
“I was asked to check.”
“Who by?”
“Señor Cullen.”
“He came all the way to
“No, I was in
“I thought you said that you worked in
Padilla licked his lips and looked to the claimant’s table for assistance but Adam, apparently moving at random, took up position between them, blocking his view.”
“I.... I was on holiday.”
“From your ill paid job, a long trip.”
“I visit my daughter.” Padilla said hurriedly.
“I see, you must have been grateful for the chance of another visit.”
“Si Señor.”
“When was this first visit?”
“Beginning of March, she have a baby.”
“You must have spent a lot of time travelling.” Adam frowned “This grant did it take you long to find?”
“No Señor.”
“And yet there must be thousands of records.”
“Si but the records they are arranged, in time order.”
“Any you know them well, working as you do
in the archives on
“Si Señor.”
Adam hesitated but decided not to push further for now he didn’t want to reveal his hand just yet. “Your honour I would like to ask for this witness to remain available and to have permission to recall him at a later time.”
Judge Harris looked over at the other lawyers but Cullen said “We have no objection.”
The Judge nodded “Motion granted, the witness will stand down but remain available.”
Cullen and Haslam were pleased despite the innuendo Adam hadn’t really dented the credibility of their witness and they assumed his request to recall at a later time was just kite flying, that he didn’t know what else to do.
Adam was well content, with luck Johnny or
The next witness was Henry Newman, who went into considerable detail about the text and presentation of the document to support his testimony that the document was authentic. Its provenance unquestioned as the original beneficiary of the claim was represented by a lineal descendent. Adam took copious notes as he listened but again he really needed the man’s testimony later, when he’d had the chance to introduce his own documentary evidence. He wasn’t at all sure whether he could get away with asking to recall yet another witness and as he stood up to cross-examine Joe was aware that the uncertainty put on for all to see was in this case more deep rooted.
Adam asked “You have studied a number of these land grants I presume?”
“You’ve already heard why I’m considered an expert.” snapped the irascible witness, a man in his late seventies he had no opinion of the younger generation. Adam considered him carefully, remembering the little he had been able to discover. It seemed unlikely that this man would betray his academic expertise. He hadn’t been bought he believed what he was saying in Adam’s estimation and Adam decided he could only back his own judgement. If he could show this man what was wrong Adam was betting that he would swap sides. For now he had to make it sufficiently interesting that Newman wanted to stick around, if only to prove his point.
“I understand that the language of the grants evolved over the centuries?” Adam asked.
“Wouldn’t be human nature to leave things alone, sure they changed, but mighty slow. Bureaucracy never was fast.”
“Was there a distinct break in the style between the Spanish grants prior to 1821 and the later Mexican ones?”
“Not really, but that don’t matter this is a Spanish one.”
“Bear with me if you will Sir. The early Mexican grants were I believe based on the same form as the Spanish?”
“Sure, don’t expect the Mexes to think up anything for themselves, got more and more debased as the copies deteriorated.”
“The early ones say 1821 to 1824 were reasonable copies in similar form?”
“Yeah I said so; don’t see what relevance it has.”
“You would expect to be able to tell a Mexican grant from the Spanish one twenty years earlier?”
“Different signature boy!” the old man cackled with laughter, obviously thinking that Adam was an idiot.
Adam smiled, “I realise that Sir but suppose you just had the preamble, could you tell from the wording?”
Newman considered that for a moment before slightly hesitatingly nodding. “Guess so but there were only minor changes over that time span. It would depend how many others you have to compare.”
“I see. We might need to call on your expertise further at a later date Sir. If that’s not too inconvenient.”
Haslam stood up at that “I object Mr Cartwright is already keeping one of my witnesses hanging around. It is unfair to keep another one, a busy man, on call without reason. If Mr Cartwright has questions he should ask them now.”
Before the Judge could rule Newman intervened “I got an interest in this case. Guess I’ll be waiting for the decision anyhow so if this young fella wants my opinion he can pay for my time just as you did.”
The Judge looked questioningly at Haslam who had little choice but to withdraw his objection. Adam was well satisfied, nothing in Newman’s testimony argued against the position he intended to take.
Cullen was on his feet with a further objection
to the whole line of argument Adam had put forward which he considered to be a
red herring, with talk of Mexican land grants, when testimony had already
established this was Spanish on record in
As the witness had already stepped down the Judge mildly suggested that it was not a relevant objection at this stage. However he did warn both parties that he would keep a close eye on the questions of both sides as he didn’t wish the case to continue all month.
Cullen took the hint and called his next witness, the claimant himself Giacomo Sauvinet. Adam sat forward at that making no attempt to hide his interest. Joe lent over “I wouldn’t trust him further than I can throw him.”
Adam shushed his brother “Listen Joe. “ Jamie was ready and passed Adam the detailed papers Tony had collected in Santa Fé. Adam smiled his thanks and then settled to concentrate as Cullen led Sauvinet through his story, knowing both Joe and Jamie were taking detailed notes. According to Sauvinet his family had always known of his grandfather’s land grant but at the time his grandfather was not in a position to make use of the land.
He had documentary evidence of the
relationship between himself and Julio Sauvinet in whose name the grant was
made. Adam checked the papers but didn’t query them and accepted them into the
record. Sauvinet was seemingly very proud of his grandfather and he told a long
involved story of the exploration trips undertaken in to
Adam knew all about the Escalante
expedition although he doubted whether Sauvinet had been along, from all he’d
heard it had hardly been the place for a ten year old. The next three expeditions
undertaken by Sauvinet, according to his grandson, were in 1793-1796 when he
took a similar route up towards the Great Salt Lake returning by the old
Spanish trail; via Santa Fé. Then in 1803-1809 he explored the area east of the
Sierra Nevada, finding
Adam listened carefully trusting Joe to take notes. He was impressed; someone had done a neat job of tying the real history with the fabricated. He would even accept one trip round Santa Fé; the man had got a land grant around there for some reason. He was quick to note that no documentary evidence of any of the supposed explorations was introduced.
The history over Cullen took his man through the struggle to gain money to bring the case, his father’s refusal to bother and his own fight to find the money to gain his rights in the five years since his father died and the claim had devolved on him. He was most insistent he wanted only his rights he didn’t mean harm to anyone.
Eventually Cullen finished milking his witness and Joe lent forward as he sat down, “Put that on in a theatre and there wouldn’t be a dry eye in the place.”
Adam smiled “I don’t think our Judge is quite so easily convinced.” Then he stood up to cross examine but to his relief the Judge decided time was already getting on and as the cross examination would inevitably take time it should be postponed until the morning. That suited Adam who didn’t want to have to break off halfway, but he murmured to Joe, “What he really means is that both sides have given him so much paperwork he wants time to do his homework.”
Either way both sides were satisfied by the outcome of the first day. Adam had a shrewd idea of the strength of the case he was fighting and was thankful that there were no surprises. On the other side Adam hadn’t sprung any surprises and his performance had been only competent. The only real worry was the documentation that he’d passed to the Judge.
Keane, Huntingdon’s secretary had gone straight back to his suite and given a detailed description of the day’s events to him, Hearst, Troy and Grandison who were all present.
The two lawyers came over half an hour later having sorted out their paperwork ready for the next day. They confirmed Keane’s opinion the first day had gone well. They both thought the men were overestimating Adam, most of his questioning had been very orthodox and he had looked very worried at the way their case was developing. In their opinion the case was solid and their principals were worrying over nothing.
Hearst was prepared to accept that all the
effort expended on distracting Adam had worked but Huntingdon wasn’t so sure.
He knew Adam very well and would only be convinced when they had the judgement.
At least for now they accepted their lawyers’ opinion although Huntingdon
wasn’t happy about Adam’s removal of all his family. Word from
When word reached them late in the evening
that the party was at a ranch belonging to John Chance,
Huntingdon wasn’t taking any chances, insisting a watch be kept on the ranch, unobtrusive for now. He just wanted to know the best way in, if further persuasion was required.
At the ranch Adam was relaxing, barely listening as his family talked over the day’s events. He had taken a brandy and curled up on the window-seat with his youngest daughter on his lap, the twins and Marie sitting round him, while he read them a story before bed.
Jess, Johnny Sutherland and Bill had stayed
in town waiting for telegrams when the others left.
Dan had seen Jess and followed him over to the telegraph office, hoping that Jess might be willing to give him more details that he’d managed to extricate from the Cartwrights. Jess laughed at Dan’s attempts to wheedle the facts out of him, but he wasn’t giving anything away. He did confirm that Adam was back on good terms with his family, just saying that the differences had always been exaggerated, but refusing to give any details. It was up to Adam or his family when they were ready to tell the press what they wanted, even such a good friend as Dan.
Slowly the replies they’d been waiting for
trickled in and with the final one from Santa Fé arriving just after eight, the
three men were able to go back to the ranch. By the time they arrived the
children were in bed and Adam was ready to give his full attention to the
telegrams they’d brought and
Jess handed Adam the telegrams and then left him in peace while joining Liza for some food. Adam was reading very intently when his father came over to join him. “Does it help Son?”
“Could do. This is from Santa Fé. Tony Canmore went down there for me to check up on Sauvinet and as a safeguard he hired a lawyer on a contingency basis. This is from him, a report on this Charles Vegara.”
Ben read the long telegram and whistled softly. “If you can get any of this introduced they’ll wish that had never called him as a witness.”
“I’ll get it in. From the sound of this a little flattery and he’ll leave himself wide open. A boastful alcoholic isn’t my idea of a good witness.”
“Why call him?”
“Not sure Pa but I’d guess they haven’t done enough homework on Sauvinet and are listening too much to him.”
“What else do you have?”
“A report on this Padilla. One of Johnny’s
men
Ben frowned “They don’t seem to have chosen their witnesses very well.”
“We weren’t supposed to have time to check
“I suppose you’re right.” Ben accepted the logic of his son’s arguments. “Anyway to boost a lie you have to use liars.”
”I don’t think Newman is a liar. I think if I can show him the facts he will change his testimony. That’s why I wanted him to stay.”
“What’s your plan for tomorrow?”
“Cross examine Sauvinet and that is going
to reveal we know more than we should. He’ll call Vegara and I’ll question him.
That will probably take the day if the Judge recesses early again. We have to
be extra careful from now on. As soon as I start questioning Sauvinet they’ll
realise that I know more than I should. So far Sauvinet has only mentioned
“And you shouldn’t know about Santa Fé.”
Adam nodded “I’ll try and bring it out from questioning, as though it’s just a fluke, but at most it will buy one day. What I can’t decide is whether or not to confront Hearst and the rest, let them know that any attack on us will rebound on them not on any intermediaries.”
“Dangerous.”
“Maybe or maybe it will prevent attacks, but what really worries me is that it might prove dangerous for Margaret or Michelle. Sooner or later they are going to know that there was a leak. I think we’ve covered our tracks well but if anything happens to the girls I’ll never forgive myself.”
“It was their decision Adam, not yours, both grown women. They knew the risks, far less than you’ve taken on occasion when you felt the end justified the risks. You have no right to take the blame on yourself, that almost denies them the right of decision.”
Adam thought about that for a moment. “Funny I never thought of it that way, maybe you’re right but I still can’t do anything to endanger them further.”
“Noone is asking you to Son. For now we wait, everyone is safe here, no need to act until we see how things develop.”
Adam relaxed thankful for his father’s calm good sense, but he was keyed up for the beginning of his real fight back and found it hard to sleep. Even when he did finally doze off he was awake very early. Knowing that he wouldn’t sleep again he slipped out before he disturbed Carole or the kids. He made coffee and was standing over by the window sipping it and comparing, unfavourably, the view of the flat land round Sacramento with his own view of the Sierras when Joe came down.
Joe had heard someone moving around and, having seen the tension growing in his brother the previous evening, guessed that it was probably Adam. He wandered over to join his brother having poured himself some coffee “You’re up real early, anything wrong?”
“Not really Joe. I’m just on edge, by this evening they are going to know it won’t be a walkover, maybe guess that I’ve been fooling them, had inside information.”
“That has to happen eventually!”
“I know that Joe, just scared in case they try to retaliate.”
“John and Bill have this place tied up tighter than a drum and we make a very impressive party in transit, even without our armed guards.”
“If they guess who told me....”
“You said yourself the girls were sure they would never come under suspicion, mere females to be discounted.”
“Suppose they’re wrong?”
“Still real dangerous to harm a woman, even all their money wouldn’t buy safety if that became public knowledge. I think that crowd have too much respect for their own skins to do anything to physically hurt a woman even if they should guess. At worst they get thrown out which from the sound of things would be welcome and we can help financially.”
Adam relaxed a little, his brother made sense and both Margaret and Michelle were too publicly tied to Hearst for him to avoid involvement in their affairs. “You do me good little brother, I’ve missed your common sense these last weeks, good at killing my bogeymen.”
“What you’ve missed is far too many hours of sleep and getting up at five won’t help anything.”
“Just too wide awake to settle, today I really make a start at a fight back. I’ve been waiting a long time for the chance Joe, sometimes it seemed like forever.” Joe could understand that the long weeks of argument, worrying over his brother, had seemed to last forever to him too.
Adam was glad when it was time to leave for town and as before John and Bill insisted on an advance guard to check their route, not taking any chances even though the Cartwrights, Will and Jess were very capable of looking after themselves. Adam took his place at the defence table and ignored the people filling up the court as he reread all the information Tony Canmore had collected for him on Sauvinet and his family. His first aim before springing that on the witness was to get on record that he knew of only one land grant in the family. Adam had his fingers crossed that noone in the opposing camp had had the wit to see what he would try and admit to more than one grant because that would create havoc with the way he wanted to handle the presentation.
Adam had sufficient respect for the opposition to be on edge as the clerk called the court to order. The Judge reminded Sauvinet that he was still under oath and Adam stood up to begin his cross-examination. Only his immediate family, Jess and Laura, all of whom in their own way loved him, could see the tension and strain in him. To the casual observer he appeared perfectly relaxed and his opening questions were almost conversational as he asked where Sauvinet came from.
“
“How long have you known about this land grant?”
“All my life. In my family it is muy importante. It is the cause of many arguments and the papers they are guarded so very carefully. We know that one day they make us rich.”
“The one item of family wealth?”
“Si our most valuable possession.”
“Just this one land grant?””
“Si, just the one valuable land grant. We are not rich, that is why it took so long to get money to bring this case.”
To Joe his brother visibly relaxed at that but a glance at Haslam and Cullen revealed no sign that they realised the trap Sauvinet had walked into. Joe consoled himself that few people could read Adam as his family could, giving an ironic smile at the thought that even they had done a lousy job of it over the last weeks. Then he concentrated on his job of noting the questions and answers for his brother.
Adam said “I am a little confused over your Grandfather’s various trips, perhaps you can help me. This first one with Padré Escalante, he was very young?”
“Yes only ten he was taken along to tend the animals.”
“Invaluable experience. How did he come to be chosen?”
“He was an orphan at the mission; the Padré was like a father to him.”
“I see. Where was this mission?”
“At
“Your Grandfather lived there?””
“Most of his life.”
“These expeditions were sanctioned by
“Si.”
“With a land grant as a reward, your Grandfather made full reports?”
“Si but they were sent to
“Who to? The council of the
“I don’t know.”
“He didn’t leave any documentary evidence of his journeys?”
“We have his diary of his second trip up to
“That was in 1793?” Adam checked.
“Si.”
Adam asked the Judge to have the diary placed in evidence and Haslam concurred although he said that he couldn’t see what relevance it had to the case in question. Adam didn’t argue the point, he’d got his own way and Haslam promised to bring it to court that afternoon.
Adam consulted his papers, “In 1793 if my
history is correct Charles IV was King of Spain and I presume the Council of
the
“I don’t know.”
“You don’t have any documents from then?”
“No I told you just the diary and much later the land grant.”
“Alright let’s move onto the third
expedition. According to you that was from 1807 to 1809 and reached
“Si.”
“You don’t have any documents from this trip, not even a diary?”
“No it was all sent to
“I am puzzled by this expedition. Who sanctioned it?”
Sauvinet had followed some of Adam’s
questions so he said fairly confidently “The Council of the
“I don’t think so, not at that time. According to my information the Council had been suspended because of arguments between the King and his son.”
“I don’t know.”
Adam took the two books Jamie passed him
and an affidavit from a historian at Harvard, an expert on
Haslam stood up, “Objection This history
lesson is all very interesting but totally irrelevant to events in the
The Judge looked enquiringly at Adam “I
can’t agree your honour. The grant under which Mr Sauvinet is claiming is a
Spanish Land Grant and from the testimony elicited on direct questioning we are
led to assume that it was in payment for services in exploring the areas now
part of
Sauvinet sat looking confused but the Judge wasn’t and to Adam’s relief said “Objection overruled. Continue Mr Cartwright.”
Adam turned back to the witness “We have already established that you have no documentary evidence for the third expedition, how about the fourth one from 1814?”
“No I told you just the diary from the
second trip and the grant. The rest he send to
“In 1814 Ferdinand eventually regained the
throne but it was near the end of the year and, although he attempted to re-establish
Spanish rule in the
Sauvinet just looked blankly at Adam and the Judge said “Perhaps you could keep your speeches for later and ask direct questions Mr Cartwright.”
Adam accepted the rebuke, knowing that he had made his point where it was needed, with the Judge. “Mr Sauvinet who authorized this fourth trip?”
“I don’t know.” Sauvinet said angrily, sure that somehow Adam had been talking down to him. “It don’t matter anyways. My Grandfather he make the trips and we get the land grant. That I do have documentary evidence, so you can get off my land.”
Adam smiled “That’s for the court to decide,” but Sauvinet just glared at him and the Judge decided to take an early lunch and let tempers cool.
Over lunch Ben congratulated his son, he had watched the Judge and Newman carefully. Whatever the restlessness of the audience, unused to civil courts, Adam’s points had gone home where it mattered. Adam wasn’t really hungry, anxious to get on with the case.
Haslam and Cullen were both rather worried. They had also noticed the effect Adam had on the Judge. His whole line of questioning was unpredictable and he seemed to have more facts at his fingertips than they had. They were annoyed, Hearst and Huntingdon had assured them the Cartwrights had only had ten days to produce the defence and they couldn’t work out how Adam had found out so much so quickly. The report was taken to Huntingdon and he read it carefully, annoyed at Adam’s ability to present the defence so adeptly. He sent orders to his men to try and find a way through to the children.
After the lunch break Sauvinet had to take
the stand again, much to his disgust. Adam left history and turned to Sauvinet
himself. “Your Grandfather lived in
“I told you that.”
“Could you explain how you moved from
“I never lived in
“Alright. When did your Grandfather move and where to?”
“In 1821 he moved to Santa Fé. It was opening up then and with independence seemed time to move.”
“Where were you born?”
“Santa Fé.”
“So your Grandfather stayed there?”
“Yes but I don’t see what it matters.”
The Judge said “I am inclined to agree Mr Cartwright.”
“I’ll try and come to the point your honour.”
“Thank you Mr Cartwright.”
Adam turned back to Sauvinet “When did you leave Santa Fé?”
Sauvinet looked over at his lawyers but they couldn’t help and the Judge ordered him to answer, “I left two years ago.”
“So for more than thirty years you lived in Santa Fé?”
“Si.”
“How did you earn a living?”
Haslam stood up “I object to this prying into my client’s private life.”
Adam said “You introduced the topic with details of this poor family fighting for the opportunity to get their chance at law.” He bit his lip, knowing he’d let too much scorn sound in his voice.
Luckily the judge was interested and overruled the objection. Sauvinet said “Odd jobs, sometimes as a cowboy.”
“Did you own any land, a house, anything in Santa Fé?”
“A little. I sold it all to get money to bring this case get my rights. I don’t own anything now.”
“What else did you do to get money?”
“I worked.”
“Did you ever have any trouble with the law?”
“I don’t know what you mean.”
“Have you ever been convicted in a court of law?”
Haslam was up again “I object.”
The Judge called both lawyers forward “Mr Cartwright you have evidence?”
“Yes your honour,” Adam showed him the affidavit, notarized, a copy of the conviction for fraud in Santa Fé. “This is not a criminal court your Honour. The case depends to a large extent on this man’s testimony and surely his background is relevant.”
Haslam said “We have documentary evidence. There is no relevance in one mistake by a young man.”
Adam came back “Then you shouldn’t worry about it coming out.”
The Judge said “I’ll allow this line of questioning but I want you to keep it to the point.”
Adam gave a sigh of relief and went back to his questioning of Sauvinet. Sauvinet folded when he realised that Adam knew exactly what he had done, although claming to be very young at the time. A claim that fell rather flat as Adam pointed out he had actually been 26. He admitted that he had been convicted of fraud and sentenced to two years in the State Penitentiary, although only serving eight months. That caused an immense buzz round the court and Sauvinet glared at Adam but he was released from the stand, much to his relief.
Haslam and Cullen were deep in conversation knowing that Sauvinet’s testimony had been nearly disastrous to their case and that Adam knew far more than they had been led to believe. They were worried about the other witness Vegara that Sauvinet had produced but having mentioned him in the introductory statement they had little choice but to call him.
Cullen took over the questioning. Vegara could only speak of his father, who had according to Vegara been on the expeditions with Sauvinet in both 1807 and 1814. Worried Cullen kept it very brief and rather begrudgingly handed over to Adam for cross-examination.
Adam checked first that there was no documentary evidence for Vegara’s story. Then he began asking just how well Vegara knew Sauvinet, flattering him that his support must be invaluable to his friend. Vegara visibly relaxed, this wasn’t nearly as alarming as he had been warned over lunch. Adam talked almost conversationally with Vegara and learnt of his drinking bouts with Sauvinet. He smiled “I see you are very close friends.”
“Sure are Mister.”
“So when he suggested as a game that you tell a story about your Father you didn’t mind?”
“Not doing any harm. These rich men can afford to lose a bit of land.”
“Probably.” Adam said “And your Father?”
“Hell nearest he ever got to a desert was when he ran out of money for a drink.”
Cullen was on his feet “Objection.”
Adam sat down “No more questions your Honour.”
The Judge frowned. “Do you have any more witnesses Mr Haslam?”
“No Sir, our case remains based on the documentary evidence itself. Over enthusiasm by friends of the claimant is unfortunate but irrelevant.”
Judge Harris said “You will have plenty of time to present your closing statements at the appropriate time. Just now I think it is time to recess, Mr Cartwright be ready to present your
case tomorrow morning.”
“Yes your Honour.” Adam began collecting his papers glad to start fresh the following morning. He felt thoroughly drained, tired out and worried, knowing that he had revealed to Hearst and Huntingdon that they had more of a fight than they expected. He was scared that some move against his family would follow.
Adam hustled everyone out barely acknowledging anything that was said to him, just wanting to get out of town, his children and wife safe. Slowly he realised that everyone was delighted at the outcome of the day’s events and although Ben and Joe knew enough to know that there was still a long fight ahead, the others all seemed nearly convinced that the fight was won.
Carole wasn’t really worried about the case but she was worried about her husband, he was so obviously worn out and tense. Adam snapped at Hoss and Will who were laughingly discussing the case as though it was won. “Don’t be fools we have a long way to go. The case doesn’t depend in those witnesses but that document, I haven’t touched that yet.” There was real anger in his voice and his brother and cousin looked guilty. Adam rubbed his aching eyes, “I’m sorry.”
Hoss smiled, "Easy old son, nothing to be sorry about, you’re worn out.”
“A mite tired” Adam admitted. Then realising he was the centre of attention he forced a smile “I’m okay don’t look so worried. It’s just that we still have a long way to go before we win this.”
Ben said “We do know that Adam. The document has to be proved a fraud, not just the man and I also realise that you revealed enough today for them to get worried.”
John said “The place is sealed up tight. Noone is going to get near your family Adam.”
“I’d feel happier if the girls stayed there.” Adam said but Carole shook her head “Sorry Darling. I’ll do an awful lot for you but I can’t stay away from this. I need to know what’s happening. And I’m very sure Nita and Sue feel the same.” Adam knew exactly how much chance he stood of changing their minds, but he couldn’t help worrying.
Adam was too restless to settle, barely touching his food and not even the kids could get to him. Joe went over and asked quietly “Anything in particular worrying you?”
Adam shook his head, “No, just that it’s so important and I’m scared I’ll mess it up.”
“You won’t.” Joe said with confidence. “You’ve already done a lot, that Judge is more than interested in you, wondering what you are going to pull out next.”
“Maybe, I don’t know.” Adam turned away, “Just let me be Joe, I’ll be fine.” Joe bit his lip but he could only do as Adam wanted. Half an hour later he saw one of John’s men come in and talk very earnestly to John and Bill. As they turned away Joe went over “What’s wrong?”
“Nothing Joe, just an advanced warning that somebody has been sniffing around. We’re doubling up all round and noone will get through. I promise you’ll be safe here, all of you.”
Joe relaxed, “Thanks Bill. Do me one more favour, don’t mention this to Adam. He’s got enough on his plate at the moment.”
John answered for them both “Sure Joe. He is alright?”
“Yeah just tired and worried. This case is more of a strain on him, both over the last weeks and with the job in court.”
“He did a hell of a job today.” John grinned.
Joe sighed “I know but being Adam he’s never satisfied and now he’s worrying about tomorrow.”
John wasn’t the only one to consider that Adam had done a hell of a job; the two lawyers couldn’t hide their concern when they reported back. They were less concerned about Vegara failing to come up to proof than by the number of facts Adam had at his disposal. Affidavits from Santa Fé and historical evidence backed by experts, all of which he shouldn’t have had time to obtain if the plans had worked correctly. Only ten days to produce a defence should have eliminated such things and for the first time Haslam put forward the suggestion that there had been a leak and that the Cartwrights had had much longer than ten days. He added “That would explain why they made no try for an adjournment.”
Hearst was very insistent that there couldn’t have been a leak but Huntingdon was less certain. He had had cause before to regret the number of contacts the Cartwrights had in strange places. He wasn’t prepared to take any chances and decided to order his men to move in and to cause an accident, preferably to one of Adam’s twin sons. The others were prepared to go along, but scared of it being brought home to them they were insistent it must appear to be an accident.
Michelle heard all about it from an alarmed husband, who was facing for the first time the thought that they might not win the case. It had been made very clear to him that night that in the event of failure Sauvinet and his friend Vegara were too dangerous and might bring the law down on the real actors in the case. The only way to buy safety was to eliminate the two front men and Grandison was finally having to face the idea of murder. He didn’t object in principle but was scared for his own skin. Michelle waited until he had drunk himself to sleep and then wrote out all that she had learnt, determined to pass it on to Liza Campbell, the contact Adam had given her. This surely counted as an emergency. With her husband in a drunken stupor Michelle risked slipping out and easily found Liza’s house.
Liza had gone to bed and disturbed from a deep sleep she only opened the door a crack, looking very worried at the strange woman standing there. Her alarm was replaced by amazement as Michelle said, “We have never met but we have a mutual friend Adam Cartwright.”
Liza immediately stepped back and invited Michelle in. Michelle said “I can’t stay I might be missed. You know about this court case?”
“Yes of course. I think everyone in town does and as you said Adam and I are old friends.”
“He said that in an emergency you could get a message to him.”
“Yes I can reach him in court no doubt. Must it be Adam, or will any of the family do?”
“Any of them by now. It is urgent a new threat to his twins. You know the threats made?”
“Yes a little. Of course I will get it to them first thing in the morning.”
Michelle handed over the note she’d written “If I learn anymore can you help again?”
“Any time. I owe Adam a lot.”
Michelle thanked her and slipped back unseen to her room glad to find her husband still out cold. At least she had done what she could; the rest was up to the Cartwrights.
Adam was still very restless and up early. He was sitting with coffee, Marie on his lap while he noted the order he intended calling his witnesses when his father came in. Ben joined him “Are you alright Adam?”
“Sure Pa, don’t worry about me. I’m just a bit on edge, I’ll be glad when this is over.”
“We all will.” Ben said dryly “But the strain has been far worse for you.”
“Maybe but then my shoulders are broad. It’s far easier now with the support of my family. Funny how you take such things for granted until you have to do without.”
Ben gripped his son shoulder, “You’ve always done more than your share Son, just don’t forget there are four of us. Your shoulders aren’t as broad as all that.”
Adam smiled up at his Father, “I know Pa, maybe I shouldn’t have taken it all on myself but....”
Ben interrupted “We all told you that we not only understood but were very grateful. You took one hell of a burden to protect the girls and the children. Just as you have in the past but this time at even greater cost.”
“It worked Pa that’s all that matters. That and the fact that I could come home, have come home.” Adam turned to his papers “Marie my love will you get down now I want to show Grandpa something.”
The little girl put her arms round his neck
and hugged him before scrambling down to go find her brothers. She had missed
Daddy, especially when she was unwell and was glad to have him back. Adam
turned to business “I intend to call you first Pa, get our claim firmly on
record. Get the historical facts in, although they may not accept the Indian
testimony. Get the fact that there is no record of any land grant in
Ben thought about that for a moment and then smiled “Sounds excellent Son, we’ll win.”
“Sure
Adam was deep in thought as they rode into town trusting his family to ensure their safety. He had all his papers with him and was glad to settle down in court with a few minutes to sort himself out and plan in detail what he intended doing.
When Liza slipped into court Adam was deep in conversation with Joe and Jamie, telling them exactly what he planned and what he wanted them to do. Liza didn’t like to interrupt them and seeing Hoss, she went over to him. “Hoss do you remember me, Liza Campbell?”
“Well sure I do, nice to see you.”
“Look I wouldn’t interrupt but I have this note for Adam and he’s busy. From a friend of his, she dropped it in last night.” She dropped her voice “A girl Michelle. Didn’t dare be seen talking to him direct.”
Hoss took the note “I’ll see he gets it.”
“Hoss I know its none of my business but he looks tired and under pressure. He won’t be able to get away in any case. I think you ought to read it, not tell Adam until later.”
Puzzled Hoss undid the note and read it. He forced a smile “Thank you Liza. I think everything is safe but with this we’ll double check and you’re right Adam don’t need this just now.”
Liza slipped away, however interesting the case was she had a job to go to. Hoss read the note through again and wondered how to handle it. Ben had gone forward to join his other sons for a last minute discussion so Hoss couldn’t even ask his father’s advice. Eventually Hoss called Bill, John and Will over and showed them the note. Bill and John were sure they had a place tied uptight but agreed another check was needed with this overt threat. Since Adam might be calling John the men decided that Bill and Will would head back to ensure the kids were safe, hopefully getting back before lunch so that Adam wouldn’t even miss them. All agreed that for now Adam had no need to know. The two men slipped out just as the clerk called the court to order for Judge Harris.
The Judge called on Adam to open his case
and Adam knew that this time he had no choice but to make an introductory
statement but he deliberately kept it vague. “Your Honour, we shall be
introducing testimony to refute the claim of expeditions into
Adam was aware of Haslam and Cullen in
heated discussion but he ignored them and called his first witness. Ben took
the stand and Adam led him rapidly through the uncontroversial part, restating
for the record their cast iron claim to the land since 1846. The opposition
didn’t bother to query it, hardly even listening apparently. Adam was content
to get it written into the record. Then he turned to the historical evidence.
“In 1846 when you first reached
“As far as I know only Miles Goodyear at
Ogden Hole had a permanent farm. There were a few trappers and some parties of
emigrants passing through to
“How much do you know of the early explorations?”
“I know the journeys of Jedediah Smith and the later trips by Pike and Fremont authorized by the United States Government. I also know that various men did traverse the region, not looking for geographical facts, just animal skins. How many trappers there were can only be conjecture.”
“Who would have better knowledge of the early expeditions?”
“Those who were already living in
Haslam go to his feet, “Objection The witness had already claimed to have been the second person to settle in the area, so who are these mythical settlers?” He looked round with scorn on his face, obviously convinced he’s scored a point. Joe could see the anger on Adam’s face at the way Haslam had spoken of their Father and reached over to grip his brother’s arm “Easy.”
Adam knew his brother was right; he could
only lose the initiative if he lost his temper and he gave himself a moment by
taking a drink of water before answering. “To take your points in order Mr
Haslam, my father does not claim to have been the second settler he was and is
the longest permanent resident of
Haslam protested “Indian tales aren’t evidence.”
The Judge frowned “I’ll let you continue Mr Cartwright but remember folklore and hearsay are not evidence.”
“Thank you your Honour.” Adam turned back to his Father, “In those early days what were your relations like with the Indians.”
“Very good luckily. They taught me a great deal. In that area there were two tribes, the Washoe and the larger Paiute tribe. In those days white men were still a novelty and in particular white children.”
“What did you learn of earlier visits by white men?”
“I was lucky one of the Paiute women had learnt
some English from a trapper and she in turn taught me enough Paiute to
converse.” Ben looked at his son remembering how much more fluent his young son
had been. Adam raised an eyebrow and Ben carried on “Other than that trapper
they spoke of one other trapper and an expedition which carried a giant gun.
That can only have been
“They were the only white visitors prior to 1846?”
Haslam bounced up again “Objection this is hearsay.”
The Judge nodded “I must up hold the objection Mr Cartwright unless you have direct evidence?”
“I have here an affidavit signed by Chief Wahome of the Paiutes in the presence of Lt
Everard Wells, aide to General Sheridan, The Chief will attend this court if
required but he is an old man and requests that this affidavit is accepted.”
The Judge nodded
“Continue Mr Cartwright.”
Adam asked “You
spoke to Wahome personally?”
“I did, he has always lived on the edge of the Ponderosa and he is now over 70 years old. He remembers the first white trapper to visit them after strange rumours of white men. The man came to his village when Wahome was just turned twenty which would mean in 1825. Noone had ever seen a man like this although during the summer and two years earlier rumours had come of such beings from further south. Rumours that noone had believed as they seemed so strange,”
“Did you suggest that earlier expeditions
had reached
Ben smiled reminiscently, “I did and was firmly told not to be a fool. Wahome himself would only have been a child but the medicine man Chalco is ten years older and he was very cross at the idea such a thing could have happened without him knowing or that he might have forgotten.”
Adam said “his affidavit also duly witnessed is here your Honour.”
He passed a copy to Haslam who threw it down with obvious contempt and then in a very audible aside to Cullen said, “Desperation when they need the tame Indian.”
Adam ignored him “To the best of your knowledge is there any real evidence to support early explorations of the area round Tahoe, other than that given by Mr Sauvinet?”
“I couldn’t find any.”
“How about evidence for the land grant?”
“As soon as this writ was served I began to check every repository for deeds in the area with the help of my son Joseph.”
“Exactly what did you find?”
“We checked court and land office records
in
Adam handed over eight different notarized statements of record from the various offices to prove the lack of success in that search. “Just to get it quite clear, not only was this particular grant not on record, but no other Spanish or Mexican grant had ever been registered in Nevada?”
“That’s correct the records show no attempt had ever been made to register a land grant.”
Adam flipped through his papers but he had made the points that he had needed. “No more questions, your witness.”
Adam sat down but he was on edge even
though he knew his father could look after himself, he just couldn’t help
worrying. Joe whispered “
Adam nodded and sat back to listen. Haslam was handling the cross-examination. “You have built up your ranch over a number of years?”
“Just over thirty.”
“I imagine that it means a lot to you?”
“Yes.”
“So you wouldn’t describe yourself as an unbiased witness?”
“No, but neither was Mr Sauvinet.”
“Your Honour will you tell the witness to keep his answers to yes or no.” Haslam requested.
“Mr Cartwright as a witness you must not comment on other witnesses, leave all comment to your lawyer.”
“Yes your Honour.”
Haslam went on, “You have helped the Indians over the years, given them food?”
“On occasion.”
“Negotiated for them?”
“I would have said negotiated with them. Usually for the Army.”
“They must feel grateful for your help?”
“Help has been mutual over the years.”
“Like now?”
“I don’t understand the question.” Ben said straight faced much to his sons’ amusement, all three could read him like a book.
Haslam hid his annoyance with an effort, “This testimony by....” he ostentatiously checked his notes, “Chief Wahome and the eh....medicine man.”
“Chief Wahome and Chalco.”
“That’s it, the two affidavits signed to be helpful?”
Ben shrugged “Signed by two honourable men asked for an account of the past.”
“Memories of so long ago.” Haslam shook his head sadly, “These two me, two Indians, what debts do they owe you?”
“I consider we owe the Indians.”
“Now maybe you do.”
Adam was on his feet “Objection. If Mr Haslam is insinuating that this testimony was improperly obtained let him produce the evidence.”
The Judge looked questioningly at Haslam, who quickly said, “I wasn’t implying any wrong doing on the part of Mr Cartwright. Simple wondering if after all his help and care over so many years, two Indians might not have rather selective memories to repay that debt. After all their standards are hardly our standards.”
Adam was furious “I’d agree with your last statement. It’s easy to see you know nothing of Indians. To men like Wahome their word is their bond and they would never lie, unlike all too many of the so called civilized whites.”
“Just kill as they are now up in the
“Because as usual the white man has broken his solemn oath to the Indian as soon as it becomes inconvenient to keep it.”
The Judge intervened “Gentlemen keep arguments for outside court. Mr Haslam please withdraw your last comment. Clerk strike it from the record.”
Haslam pushed on for more than half an
hour, labouring the point that the old men could have faulty memories and an
exploring trip might have made little lasting impression but eventually he
conceded he wasn’t getting anywhere. “You said you found no record of the land
grant registered in
“That’s correct.”
“Why should you expect to? If the grant had been registered you could never have bought the land.”
“I would have expected some local registration somewhere as I understand it that was normal practice.”
“True but in this case, as you have said yourself,
there was nowhere in
“Yes.”
“No further questions.” As Adam had no
redirect, Ben was released from the stand. Then Adam called Johnny Rey. His
testimony was similar to Ben’s a check of all the land offices and court
records in
The two lawyers were beginning to look very worried and Cullen stood up to cross-examine. “What is your relationship to the Cartwrights?”
Johnny Rey smiled “I was their lawyer in
“You must have travelled long distances to get all of these.”
“Sure did I won’t be sorry to take it easy for a while.”
“An impressive feat at your age, in what ten days?”
Rey laughed, “Don’t be daft noone could have done all that in ten days! Been busy more like ten weeks.”
The tension in the courtroom was almost visible at that statement, as all Hearst’s men listened to this blunt proof of how wrong things had gone. Joe looked at his brother, very worried, but Adam smiled faintly “Had to come out sometime today Joe, they aren’t fools.”
Cullen took a minute to collect his thoughts but his subsequent questioning was perfunctory and Rey was released.
Adam called Steve Fallon and brought out
his job as Deputy US Marshall. He made it clear that as long time friends Steve
had volunteered to use his own holiday and check the land registers in the
South. Steve gave evidence of his checks in
Cullen’s questions were very low key although he did point out that as noone had claimed to have registered the claim locally; it wasn’t surprising that no registration was found. He hadn’t even noticed that in the pile of papers Adam had by courtesy given him, there was no copy of the statement for Santa Fé. It had been ‘inadvertently’ omitted although the court had it and Adam saw Judge Harris reading it with interest.
Adam was glad when Steve was released, half expecting the Judge to start premature questioning himself as he was obviously intrigued. At that point the Judge recessed for lunch. Cullen and Haslam both hurried out with Huntingdon’s secretary Keane and the Cartwrights didn’t have to be mind readers to know where they were going. Johnny Rey’s news would be passed to Hearst and Huntingdon at the first opportunity and as Hoss said “That’s gonna ruffle some feathers.”
Adam laughed “Had to come out. I think on the whole it was a successful morning and I’m hungry.” Jamie promised to stay and look after the papers and Adam joined his family for lunch.
In fact news from court was not the first bad news to reach the would-be land grabbers as the Cartwrights learnt over lunch. Will had come back from the ranch although Bill had stayed to keep watch. Their warning hadn’t been needed the security Bill and John had set up was working well and by the time the two men reached the ranch Huntingdon’s men had been captured, all but one. That one had run back to town with his story of disaster, the other three were tied up. Will with two men had brought them into jail and preferred charges. The men were too scared of Huntingdon and weren’t talking; claiming it was just an attempted robbery and for now Will had gone along with that.
For the first time Adam and Joe learnt of the renewed threat and Michelle’s warning but Will was able to reassure them everyone was safe and the guards on high alert. Adam accepted his cousin’s reassurance and with the enemy on the run in court and out he relaxed and enjoyed his lunch.
At the hotel noone was enjoying food. First came the news of the disastrous attempt on the children leaving three in jail and with everyone alerted the stringent security precautions were unlikely to be penetrated again. Then Haslam arrived with firm news that the Cartwrights had been preparing their defence for ten weeks or more. There had been a leak and Adam’s behaviour must have been an act to fool them. Hearst was furious and threatening mass murder to get the ranch while Grandison wanted nothing more than to break away and go and hide. Only he was as scared of Hearst and Huntingdon as he was of the Cartwrights and the law.
Huntingdon ignored them both while he went into a consultation with his two lawyers and Keane to try and assess just how damaging this was, what could be salvaged or at the worst how he could walk away without any personal involvement.
None of them even noticed
Along with his hatred was a fear of Adam’s
ability, which had led him to bring two killers with him to
Adam having finished lunch was running through what he intended to ask with John who was to be his next witness. It was quite a cheerful group who made their way back to the courthouse. Joe had just moved up next to his brother as they reached the steps going up to the court. Behind them Hoss and Jess were still extricating the last details about the morning’s events from Will. Then Ben followed chatting to Sue and Nita while Carole and Laura talked to Johnny Sutherland.
The first any of them knew of trouble was
the sound of shots as Adam Joe and John moved up the steps. All three went down
and there was blood but noone had a chance to see who was hit. Hoss and Jess
were the first to react, quickly followed by Will and four of John Chance’s
men. Jess had spotted where the shots had come from and the two killers didn’t
try any more after the first fusillade as all too accurate shots came at them.
Indeed one bullet took Tuvey in the leg and as he hobbled away he was leaving a
blood trail.
Ben had reacted swiftly pulling the girls into cover round the corner with Johnny’s help but not before he’d seen blood. Someone was shot and he could only pray that it wasn’t one of his sons and that whoever it was the wound wasn’t serious. For now he had his gun out to protect his daughters and could only wait until it was safe to go and find out with fear like an ice cold grip around his heart.
Carole was almost sure she had seen Adam hit and was fighting for control, he had gone through so much to protect his family and his ranch. She couldn’t bear to think that now he was close to winning he would pay again, maybe with his life. Nita wasn’t much better scared for her own husband and for the man they both loved. Ben did his best to reassure the girls that noone was dead or he’d know, it might not be as bad as it looked.
Jess had led John Chance’s men across the street in pursuit of the killer. He found the blood trail but let the others go on the hunt with the sheriff who had just arrived. From the balcony he yelled that it was safe and then ran back over as eager as anyone to discover just who was hurt and how badly.
Hoss had gone to his brothers as soon as the shooting stopped, leaving others to take up the chase. He found Joe just pulling himself to his feet, holding his right arm which was bleeding quite badly but almost oblivious of it in his concern for his eldest brother. The gunmen had been accurate and had hit their principle target twice. Adam was lying face down with two ominous bloodstains growing, one on his right shoulder blade and the other on his left side.
John stunned by the sudden attack and a little dazed where Adam had knocked him down as he fell was otherwise unhurt and doing his best to stem the flow of blood. Hoss didn’t know how many men were out to get his brother and having checked Adam’s pulse which was fairly strong he very gently lifted him up. “Let’s get inside Joe, ain’t safe out here.”
Hoss pushed his way in through crowds, who safe inside were trying to see what they were missing, and went through to the Judge’s chambers at the back of the court. Noone was there and he barricaded the door. “John can you get a pad on Joe’s arm, stop that bleeding.”
While John did that Hoss carefully cut away
his elder brother’s coat and shirt to reveal two ugly wounds. One along his side
was a mess but at least the bullet was out and although painful and weakening
with the loss of blood Hoss was fairly confident it had done no real
damage. For now he padded it to try and stop the bleeding, leaving it for a
doctor. He was more worried by the second wound the bullet still in but again
all he could do was try and minimise the loss of blood.
Adam had been stunned by the fall as much as anything and as Hoss padded his wound he slowly came round “What happened?”
Hoss held him still, giving him a little brandy from the Judge’s decanter “Easy Adam don’t try and talk you’re gonna be just fine.”
“Joe? John?”
Joe moved over close to him “Right here Adam we’re fine.”
Adam’s gaze fell on Joe’s roughly bandaged right arm and Joe forced a grin “Not serious, rest easy we’ll get a Doc in just a minute.” He turned away not wanting Adam to read the fear on his face and then to his relief he heard his father’s voice calling for them and hammering on the door. Plenty of people in the court were all too willing to tell Ben where his sons were, with lots of gory details.
John went and opened the door and Ben came over swiftly to kneel by Adam, the question obvious on his face as he glanced at his big son. Hoss said briefly “He’s taken two bullets Pa, ones made a mess of his side, but not too deep, messy and sore but superficial, the other is in by his shoulder blade, bullet still in.”
Ben nodded “Johnny has gone for the Doctor.”
“The men who did this?” Joe asked
“I don’t know the Sheriff and some of John’s men are after them, they don’t matter. Hired killers, it’s the men who hired them that I want.” Ben said, sounding ice cold, old testament.
Adam had noticed his wife and took her hand, “Easy love nothing serious.”
Carole fought for control and Hoss put his arm round her leaving his efficient wife to maintain the pressure and stop the bleeding. Nita had gone to Joe who was trying without much success to convince her that he was fine. As he was very pale both from loss of blood and the shock of the wound to say nothing of worry about Adam, it wasn’t very easy. Ben went over to his youngest son “How bad is it Joe?”
“Bullet went straight through, bone not touched, my arm still works and it’s even my right arm, no problem.” He dropped his voice, “It was Adam they were after and the bastards got him. Where the hell’s that Doctor?”
The Doctor and the Judge arrived at the same time but noone was worrying about apologies for using the Judge’s room, only interested in the Doctor. In fact it was Adam who raised his head slightly “I’m sorry Judge Harris. It was an emergency; we’ll be out of your way as soon as possible.”
“Take it easy Mr Cartwright.”
“I may be a little late in court.”
“We will recess until the Doctor has had a chance to see to you. Don’t worry.” The Judge nodded to the others and backed out, this case was the strangest he had ever heard.
The Doctor had no intention of examining patients with so many people around and he firmly threw everyone out apart from his two patients and Sue as she was a nurse. He allowed Carole and Nita to stay over in the corner as wives and when Adam asked let Ben and Hoss stay to look after the two wives, as long as they stayed out of the way in the corner.
Doc had Sue remove the pressure pads in Adam’s side and tut-tutted as he inspected the torn flesh and splintered bone. “Messy but not too serious, pad that again for now, it can wait.”
Sue did so and then Doc had a look at the second wound. “Bullets still in. I don’t want to move him just in case. Here will do as well as anywhere. I’ve got my things and I assume you can administer chloroform?”
“Yes.”
“No one’s putting me out!” Adam protested but the Doc virtually ignored him as he washed his instruments in disinfectant. “I’m not probing in there with a conscious patient threshing around, probably kill you.” Doc passed the chloroform and the mask to Sue, “Put him under.”
Sue knelt down “Please Adam don’t fight it, let Doc patch you up, he knows what he’s doing.”
“The land grant?”
“It can wait.” Ben said firmly “No nonsense Adam, your health comes first.”
Adam submitted unwillingly and within a couple of minutes he was deeply unconscious. Sue passed the cap over to her husband sure that he could cope and moved to help Doc as he probed for the bullet. The bullet had entered at an angle which had probably saved Adam’s life. It had scraped along the shoulder blade ending up wedged in muscle. The Doc kept up a running commentary as he worked “Gone a long way this one, good thing it was heading down, miracle the bone ain’t broken. Ah there it is I can see it.” That was said triumphantly followed by a caustic order to Sue to keep the blood sponged away so he could get at it. While she did so he spared a moment for the anxious bystanders, “Not as close to the spine as I feared. He was lucky. Looks tough, he should make it.” Then he again bent to his task, but for the next five minutes he ignored the women and filled the room with some very colourful swearing as the bullet was firmly wedged in muscle. Sue fought hard to keep his view clear, very worried by the amount of blood Adam was losing and Carole buried her head on her father-in-law’s shoulder, unable to watch.
It seemed to take forever before with a triumphant “Got you.” the Doc threw the bullet into the waiting basin. He spent ten minutes patching up the damage as best he could before sowing up the wound and then turning his attention to the mess the other bullet had made. As he began scraping the tiny splinters of bone from Adam’s rib the noise seemed to go right through Carole and she became so white that Ben was scared she would faint. He forced her to put her head down between her knees and Joe poured another healthy slug of the Judge’s brandy and slowly Ben forced her to drink it. Carole sat up a little straighter but she could only cling to Ben and pray.
Eventually Doc told Hoss to remove the cap, Adam would remain under long enough for the final tidying up and in fact he was tying the bandage off when Adam first showed signs of coming round. He moaned slightly and Carole swiftly moved over to kneel by him “Don’t try and talk darling, everything is fine.”
Doc stood back, “Very lucky. He’ll be fine, needs a couple of weeks in bed, couple of months convalescence.”
Ben thanked him for his efforts and asked him to see to Joe’s arm. While Ben and Sue helped the Doc to see to Joe Hoss kept his arm round Nita although much of his attention was on his eldest brother. Adam’s eye had flickered open but for the moment he could barely focus and was content to feel his wife’s hand on his, and hear her reassuring words as she promised him everything would be fine. He was slowly getting a grip on himself and remembering what the situation was.
Gradually he became aware that Doc was working on his youngest brother and he moved too fast as he heard the sharp indrawn breath as Doc cleaned Joe’s arm. Joe had flatly refused to be put out, it was only a straight forward through and through. Ben held his son’s arm still while Sue passed Doc what he needed. Nita bit her lip as she watched, all too aware that however much Joe tried to hide it, he was in considerable pain. She was grateful for Hoss’ warm strength and Doc was working quickly. Having cleaned the wound, he sealed off the damaged blood vessels and did what he could for the muscles before sowing up and bandaging the wound. To Joe’s indignation he then produced a sling and said that Joe was to use it for at least the next three days. Ben said “He’ll wear it.”
Having finished with Joe, Doc went back to his more seriously hurt patient, “I see you’re back with us.”
“Thanks Doc, feels much better.”
“Liar. I’m sure that both your back and your side feel as though they are on fire. You will feel better in about a week. Rest for now and then let your brother carry you to bed. He looks big enough to cope.”
Hoss grinned, “Sure can.”
Ben moved forward and asked “What do you advise Doc? We’ve been staying out of town, but I imagine the journey will be too much for him.”
“Certainly is. The furthest he goes is from here to bed and then stay put for at least two weeks. By some miracle he seems to be pulling out of the shock of the operation but it wouldn’t take much for him to slip back into shock.”
“I’ll make sure.”
“Let me know where you are staying and I’ll come and check him over later this afternoon, just to be on the safe side.”
Ben nodded, “Let me have your bill as well and many thanks for coming so quickly.”
Adam waited until the Doctor had gone; knowing full well that what he was planning was going to cause trouble. He had firm control of himself now and he knew that he could cope, but his first problem was to convince his family. Slowly he tried to sit up and Hoss was quick to come over and hold him still “Just rest Adam.”
“Help me sit up.”
Ben protested “You need to stay still.”
“I’m sitting up.” Adam said and Hoss gave a sigh, knowing his brother’s sheer obstinacy, he very carefully helped Adam to sit and then stayed close to support his brother. Adam took a moment to get control and Carole gently wiped his face. He forced a smile “I’m alright darling. Joe how’s your arm?”
“Clean hole, it’ll soon heal, just this daft sling.”
“Jamie will have to take notes.”
Ben shook his head and then straightened his shoulders, “Rest for a few minutes, we’ll find somewhere safe and comfortable and we’ll tie it up so tight that noone will get close, I promise you will be able to recover in peace.”
“Pa I’m fine, not serious. Just need some coffee, throw off the last effects of this damned chloroform.”
Carole stared at him in horror as she realised before anyone else what he was planning, “Adam you can’t.”
Adam ignored everyone and the pain in his back and reached for her hand, “Darling you know better than anyone what this has cost. I won’t let them win now, I can’t.”
Hoss and Joe met each other’s eye, resignation and worry so clear, both knew their elder brother. Hoss said “You have to go to bed Adam.” but his voice acknowledged that it was an argument he wasn’t about to win.
Ben realised what his sons and Carole believed and he gently took Adam’s hand “We all know just how much you have put into this Son but I won’t let you risk your life. You heard Doc at least two weeks in bed. You’re very lucky to have pulled out of shock but you must rest or you’ll slip into it yet.”
“I’m not aiming to do anything strenuous
“You intend continuing with the case?”
“Yes.”
“Adam you have been worn out by the strains over the last few days even while you were fit. You can’t cope.”
“Pa I can, I’ve put too much into this I have to keep going. I’m winning now you know I am. If we give them two, three weeks maybe they’ll find a way.”
Adam was breathing harshly and Ben said “I do understand why you want to Adam but even talking this much and you’re exhausted.”
“Pa I can cope. I can’t rest with this case, two days at most and we’ll be .... “Adam looked up pleadingly “I have to do this, I’m not a child and if necessary I’ll do it alone but it would be easier with your help.”
Ben frowned, torn in two, knowing his son’s innate strength, but worried by what the Doc had said. Carole kissed her husband feeling the fever in him and although all she wanted was to persuade him to rest she found strength from the same source that allowed her to support his charade, “Pa it has to be Adam’s decision.”
Ben looked at his younger sons. Hoss just shrugged and Joe, although looking very worried, said, “You know we won’t change his mind when he looks like that.”
Ben turned to Sue, “You’re the nurse, what do you think?”
“I’ve seen Adam do things too often which would kill most men. I’m sure he’ll cope and we must all help to make it as easy as possible.” Adam smiled at Sue with very genuine affection and gratitude that she had, as so often in the past, given him her support.
Ben shook his head “I don’t like it. You’re a little feverish now, overdo it and it’ll be far worse.”
“I’ll stay in town Pa and I’m only going to be sitting in court. If I do get worse you’ll be there and you can step in.”
Ben sighed “Alright have it your own way as usual, but on three conditions. First you rest for a while now. It’ll take time for the Judge to organize things to be ready to go on. Second I take over from Joe taking the note, he isn’t fit to do it anyway and Jamie will be a witness. Thirdly Sue moves in immediately behind us and if she feels the necessity I will ask for a continuance.” He looked round to see Sue and Joe nodding in agreement, what Ben was suggesting was sensible.
Adam accepted that having basically got his own way. He relaxed back against his big brother knowing he needed a few minutes rest despite his brave words. Carole brought him some coffee and Sue said “If you’re determined to stay on your feet let me get you a sling, support your right arm.”
“I haven’t hurt my arm.”
“No but you do have badly damaged shoulder muscles and your arm will inevitable put a strain on them.”
Joe grinned “You’re welcome to this sling Adam.” The tension eased a little as everyone grinned all well aware of the dislike the brothers shared for any visible sign of weakness such as slings. Sue brusquely told Joe to sit down; he needed his bed near as much as his brother and then fixed a sling for Adam.
Adam had to admit it did feel easier with the support but Sue shook her head doubtfully. He was still as white as a sheet, even to his lips and she knew just how much blood he had lost and the pain he’d undergone. She couldn’t help wondering if she was right to sanction this move, knowing she would find it very hard to forgive herself if he pushed so hard he ended up in shock. Hoss saw her worry and gently squeezed her hand, “Relax darling. In this mood noone could stop him whatever we said.”
Ben straightened up “Rest easy Son I’ll go and find the Judge get things set up.”
Joe said “I’ll come with you.”
Ben frowned “You ought to rest Joseph, just as much as your brother. You lost a lot of blood.”
“Pa we have a lot of good friends out there. They know Adam is alive but they must be anxious just how bad he is. I just want to go and fill them in.”
Nita took her husband’s good arm “Joe’s
right
Ben smiled “You’re right of course, come on then you two. We’ll leave Hoss and Sue to look after Adam, and Carole to keep them all in order.”
Ben couldn’t help worrying about his sons, although he knew their strength but he had a job to do and went in search of the Judge. Joe and Nita joined Jess, Will and the others who were sitting with Jamie waiting for news. Will had spoken to the Doctor when he emerged and learnt the basic facts and that the bullets were all out wounds cleaned and bandaged and his cousins recovering. Adam resting for now until he was well enough to be moved to a bed. Jess was the first to notice Joe approaching and he hurried over “Come and sit down, are you alright?”
“I’m fine just a clean wound.”
“Adam?”
Joe smiled “Take it easy Jess he’ll be fine too.” He didn’t go into any more detail until the whole party had gathered, Then he told them exactly how bad the wounds were but reassured them that with everything cleaned up Adam was already looking better. He went on “Adam will need to stay in town for the moment, that journey would be too much for him just now. John can you recommend somewhere where he can be comfortable and safe?”
“Sure I’ll go and arrange it.”
“Hold on John it’s not quite that simple. If you can tell Will, maybe he can arrange it.” That was met by very suspicious looks; something in Joe’s whole attitude gave them all cause to think. Will knew his young cousin very well and he frowned, “Just what does that mean Joe?”
“We need John here.”
Jess came to his feet in instinctive protest as he realised what Joe was avoiding saying, “He can’t.”
Slowly the others began to guess what Jess was suggesting. John Chance said “You can’t be serious Joe you’re not carrying on with the case today?”
“We don’t have the choice John.”
“You can get a recess or whatever it’s called for a couple of weeks. Who is going to take over, you’re not qualified or is it Rey?”
Jess spoke up almost bitterly “Don’t be silly John, noone is taking over. Adam’s carrying on.”
Johnny protested “He can’t.”
Jess stared at Joe, “But he is, isn’t he Joe? This case means too much to him to let anyone else handle it.”
“Jess is right.” Joe said mildly “And before you start lecturing me Jess, we all did our best to persuade him to rest but when he is in his stubborn mood we can’t stop him.”
Johnny stared in amazement “Are you trying to tell me he intends carrying on this afternoon as though nothing has happened?”
“Pa has gone to see Judge Harris to arrange it.” Joe met Jess’ eye “We can’t stop him so the best we can do is to help him as much as possible. He won’t really rest to recover until he has finished this case.”
Jess smiled, he knew his friend very well, better since this started than he ever had before. He was fond of Joe too and could see he was more badly hurt than he was pretending. “I do understand Joe. Over these last few weeks I’ve finally come to realise just how stubborn that brother of your’s is. I’ll help Will arrange a safe bed for both of you.”
Joe was very grateful for Jess’ support and Jess stopped the others fussing at Joe, sure he wasn’t really well enough. He headed out with Will, once John had made a couple of suggestions, wanting to know if the would be killers had been found. The two men headed over to the sheriff’s office first and found that one man was in custody. At the moment he wasn’t talking, scared of both his employer and his partner. The man Tuvey had had the bullet removed from his leg and he was in no position to deny his attempt on Adam’s life. His answer was to say nothing at all and like the others Jess and Will failed to make any impression on him. Eventually they gave up and joined the sheriff, Will asked “There was another man, any sign of him?”
“I don’t suppose you can describe him for me?” The sheriff asked.
Will shook his head “Not really I only saw his back view running away, about 5’ 10’’, dark hair, thin.”
“Fair enough. It actually fits well. We have found this one’s room at one of the guest houses, he shared with another man. The other one’s description fits with yours. They had a visitor immediately before leaving to ambush your sons and I reckon he’s involved too.”
“Who?” Will asked but the sheriff shook his head, “I have a name but I think I’ll keep it to myself until I’ve talked to him. Don’t want anyone going off half-cocked.”
Will considered pushing but decided it would be a waste of time and at least the sheriff was doing his job and from his standpoint it must look like a risk that the Cartwright party would try for revenge outside the law. Instead of pushing he thanked the sheriff for moving so fast and promised on behalf of his Uncle any assistance that the sheriff could require, within the law.
Then reasonably satisfied that not only the gunman but his employer would answer for their attempted murder the two men went off to arrange beds for several people for that night and the next couple. Adam obviously couldn’t travel and they assumed his father and brothers would stay with him. Jess and Will intended staying too and planned to keep John’s men for protection. John had already told them that he would return to his ranch and take the girls; sure Adam would be easier in his mind if he knew they and the children were safe. They made all the arrangements and then headed back to the court. As they passed a saloon Will said, “I don’t know about you Jess but I could sure use a drink.”
“You might be right; it’s been one hell of a day.” They went into the bar and Will got two whiskies. Jess sipped his “How much longer do you reckon this case will go?”
Will shrugged “Not sure but I think Adam was expecting to finish tomorrow.”
“I hope it does, he ain’t gonna rest until its over.”
“He’ll cope, he’s strong. You know he’s done it before.”
“I know but he’s already been under a hell of a strain, worn out by all that has happened these last weeks. I just hope he don’t push himself too far.”
Will smiled, “Easy Jess, Adam knows how far he can push himself. Don’t worry too much.”
The two men finished their drinks and headed back to court where things were gradually coming back into order. The Judge had settled in the clerk’s room as the Cartwright were using his room and he was surprised to hear Ben’s request for the trial to continue that day
“You have a new lawyer?”
“No your Honour, my son will continue.”
“Is he fit enough?”
“He’ll cope or we’ll get a replacement, either way we want to continue with this case.”
“That is your right Mr Cartwright. In fact as far as the Court is concerned, it will make things easier but I don’t want your son to make himself worse just for the convenience of the Court.”
“My son wants this case finished. He has put a great deal of time and effort into it, more than I could explain.”
The Judge agreed to convene the court at
three o’clock and word was sent to the claimant’s lawyers to tell them. The two
men were still in the hotel with Huntingdon, his secretary Keane and Hearst. They
had been discussing the morning events and the attack on Adam. Huntingdon had
been furious about the attack; it was dangerous anyway and didn’t even have the
virtue of being successful. At the moment they weren’t entirely sure who had
been responsible but with
The two lawyers headed over to the court surprised at the news of the case’s continuation that day and they assumed that someone else was taking over. Haslam suggested that Johnny Rey might well take over, the kid James Hunter was far too inexperienced. Either way it would be a much easier job than handling Adam and, although paying lip service to condemnation of the attack, both were relieved and felt their chances of winning the case were greatly enhanced.
Slowly the court began to settle down and Adam went back to his elder sons. “We can still delay it Adam, just for a day or so. You only have to say the word; you lost too much blood and have undergone an operation. You ought to rest.”
“Pa you know how I feel.”
“Yes Son but any time you can’t go on just say.”
“Stop worrying, nothing important touched. I was lucky only superficial.”
Ben met Hoss’ eye at that, they had both seen the wounds and heard Doc’s concern, but there seemed little point in saying anything. The positions of the wounds made it virtually impossible for Hoss to give his brother any real support. He could only let Adam make his own way towards the courtroom, just leaning a little of his weight on his brother’s arm to steady himself. Will had collected a new coat and shirt for his cousin and Sue had helped him dress. Despite all her care she couldn’t help hurting him at least partially because of Adam’s insistence that he was wearing them properly, placing his right arm into the sleeves, even if conceding that Sue was right a sling did help. In comparison to getting dressed Adam found the short walk into court easy.
As he walked into the courtroom Adam gave up even the limited support Hoss had been able to give him and with his head high and his back straight, he made his way to the chair next to his Father. He hid the way he felt and the pain he was in with considerable difficulty but he was determined not to show Cullen and Haslam how badly he was hurt.
They were amazed to see him at all but all his efforts couldn’t disguise his extreme pallor heightened by an unhealthy feverish blush on his cheekbones, nor the sling that he was wearing. If they still had to face Adam at least it seemed it was a weakened man against them.
There was a considerable buzz of talk from all the spectators in court. Many of them had seen Adam carried through earlier bloody and unconscious. The last thing they had expected was to see him on his feet again that day. The clerk of the court had grave difficulty in obtaining silence but eventually he got some approximation of it and Judge Harris took his seat. Haslam was on his feet as soon as the court was convened, “On behalf of my colleague and my clients I would like to express our outrage at what has occurred and our profound hope that Mr Cartwright and his brother will recover rapidly. I hope that it is not necessary to say that we have no connection at all with what has occurred. I would also like to offer the unconditional assistance of the claimant in any way that helps Mr Cartwright to complete his case, such as a continuance until he recovers.”
Haslam sat down and Adam started to force himself to his feet but the Judge intervened. “Under the circumstances Mr Cartwright it will be perfectly acceptable for you to address the court from your seat.”
Adam accepted that condition gratefully, it was very painful to get up and he knew he was already taxing his strength to the limit, however cogent the arguments he had used for his Father. “Thank you your Honour.” He sank back down into his seat, biting his lip momentarily as the pain knifed through his back. Ben watched him in growing concern but Adam was in control and he had promised his son full support. Adam forced a smile as he acknowledged Haslam’s comment. “I am grateful for Mr Haslam’s sympathy and offer of help. I accept that Mr Sauvinet was in no way involved in what occurred and hope that the Court can forget about the unfortunate incident. I hope that I will not have to inconvenience the Court in anyway. Thankfully the injuries my brother and I received were only superficial.”
Ben met his youngest son’s indignant gaze and murmured “What did you expect Joseph?”
“I know.”
Meanwhile Adam was returning to the job in hand and he called John Chance to the stand. He took advantage of the Judge’s concession to remain seated as he questioned John. He might need to get up if he was making an objection but it would be more effective then, apart from his need to conserve his strength. Once John was sworn in Joe passed over the notes Adam had made earlier covering the main points and the evidence he needed to introduce to back John’s testimony. For a moment as he looked at the page he found the words blurring and he couldn’t focus. The whole room felt as though it was swaying and he had the alarming feeling that he was going to faint. He swallowed hard, if he fainted now at the beginning there was no way his family would let him continue and a two week break might give the opposition time to plug the holes in their case. By sheer effort of will Adam got control and gratefully accepted the weak brandy and water his Father passed him. Ben couldn’t hide his growing concern, he hadn’t missed just how close Adam had been to passing out and they’d only been in court a few minutes. He murmured “Let Jamie take John through the preliminaries.”
“No.” Adam forced himself to sit up and
took John thorough their relationship and the reason for John’s involvement. He
went on “At my request you went to
“I did.”
“Will you explain to the Court exactly what
you did in
“I had two main jobs. Firstly to see the
Chief Justice Wendell Holmes and to ask for his assistance in checking the law
involved in land grants and secondly to check the main register of land grants
in
“What did you find in the register?”
“There are no grants in the area north of
the Arkansas River or East of the
Adam nodded to Jamie who took the notarized
documents forward to be marked as defence exhibits. Then he went on “To be
perfectly clear there were no land grants on register for
“No, none at all.”
“Had
“Yes on two separate occasions, firstly in
the early 1850’s when still part of
Adam said “Your Honour copies of the two returns are with the notarized document just passed forward.”
The Judge found the documents and nodded while Jamie passed copies to Haslam. Adam went on “Did you discuss these findings with the Chief Justice?”
“I did.”
“Could you tell the court what he had to say?”
Haslam got to his feet “Objection this is hearsay.”
Adam said “I have here an affidavit from the Chief Justice covering the points made in this conversation but for the convenience of the Court verbal testimony of the conversation might help to make matters clearer.”
The Judge nodded “Overruled, continue Mr Cartwright.”
Adam repeated the question and John said “The Chief Justice felt that in the absence of any prior registration of any grant within the area and no evidence of Spanish of Mexican exploration of the area that the validity of the grant must be questionable ....”
Haslam was up again “I must object your Honour. However eminent Chief Justice Holmes is as a lawyer his opinion on such matters in the absence of all the facts has no place in a court of law.”
“Objection sustained. Personal opinions even of eminent jurists have no weight in law.”
Adam said “Your Honour if the witness could be allowed to complete his testimony I believe you will see that we are not claiming any undue weight for Chief Justice Holmes’ opinion.”
The Judge frowned, normally he would have asked both council to approach the bench but he wasn’t at all sure Adam was physically capable of so doing. Adam made a shrewd guess as to the Judge’s predicament and to the surprise of his family he levered himself a little unsteadily to his feet. The Judge noticed and with a wry smile at being so well read, said “Will council approach the bench.”
Adam moved slowly but without obvious difficulty and Haslam joined him. The Judge asked “Just what do you expect this witness to say Mr Cartwright?”
“Only what’s in the affidavit. Chief
Justice Holmes went on to warn us that the records were far from complete and
absence of an entry in the central record was not prime facie evidence against
the existence of a grant. He emphasized the law and the Treaty of Guadalupe
Hidalgo by which the
Haslam was frowning by the time Adam finished speaking, if Adam was being accurate the testimony was more helpful to the claimant than the defence. The Judge said “That seems in order to me Mr Haslam.”
“Yes your Honour, I withdraw the objection.” Haslam returned to his seat very puzzled wondering what Adam hoped to gain from such testimony. Adam returned to his seat more slowly and Ben able to see his growing weakness, ignored protocol, moved out to help him back to his seat as gently as possible. He could feel the increased fever in his son and would have given a great deal to call if off now but he had given Adam his word.
Adam ignored his father and turned back to John, “Will you please continue.”
“Well as I said Chief Justice Holmes
thought the grant questionable but he pointed out that by the treaties signed
with
“To be quite clear there was no requirement for local registration?”
“No although in most cases they were registered, had to be if the land was made use of.”
“There was no time limit on the claims?”
“No.”
“The sole requirement was proof of original
registration in
“That was the position as I understood it from Chief Justice Holmes.”
“Did either the Chief Justice or the land registry have knowledge of cases where no notification of local registration was found by the State and yet subsequent claims were upheld?”
“Two cases we could find. One in
Adam asked “Do you know the exact area
involved in the
“Yes I do.”
Adam signalled Jamie to take forward one of
the documents earlier entered by the defence, “Will you examine the notarized
copy of the register at the Carmel Mission in
John knew exactly what it said but he
waited as Adam had told him while the Judge and Haslam searched through their
copies. Once both men had apparently found the relevant section John said “The
area in this grant is the same and in the same name as the
“So for the two cases successfully brought where there was no apparent local registration, one there had been registration, but the whereabouts had not been remembered or found. In the other local registration may have taken place and been destroyed by fire.”
“That’s correct.”
“No more questions.”
Haslam got to his feet, still a little worried as to why Adam had called John but determined to use him to hammer home his own points. Adam was on edge as he listened hoping Haslam would take up the invitation he had offered. Almost with his first question it was obvious that Haslam intended doing so and Adam relaxed a little and whispered “Pa can I have a drink.”
Ben passed him a weak brandy and water which Adam sipped gratefully, trying to ignore the tendency of the voices to boom at him and then fade as he concentrated on the words. Joe said anxiously “Pa he shouldn’t have alcohol he’s running quite a fever.”
Ben felt Joe’s wrist “So are you Son. Just take it easy only another hour at most and we’ll get you both to bed. Until then a mild stimulus might help.”
Joe could only accept and try to
concentrate on what was happening. His Father and Jamie were both taking notes
and it was all fairly non-controversial as Haslam kept on about the legal
requirements being fulfilled by the registration in
Adam was content to let Haslam hammer away at the point that no local registration was required and the legal requirements had been satisfied. Eventually Haslam was satisfied and as Adam had no more questions John was released from the stand. The Judge considered his watch “Mr Cartwright will your next witness be a long time on the stand?”
“A fair time your Honour.”
“Then I think we will recess until 9 a.m. tomorrow. I would like to finish hearing testimony tomorrow if possible with an early start.”
Both sides nodded and the Judge said “With one proviso I shall sympathetically consider any application for continuance if Mr Cartwright is not fit enough to continue.”
“I’ll be here.” Adam said with emphasis, more for his own family than for the Judge. The Judge took all his papers and headed for his own room, finally vacated by the Cartwrights. Adam made no attempt to move as the rest of the court slowly began to empty. Ben turned to his nephew “Have you arranged rooms?”
“Yes. We’ve taken over a complete guesthouse, only about 200 yards away. Paid for the three guests to go to a hotel. Room enough for you four and Jess and I, plus four of John’s men for protection. The sheriff already knows about it and he and his men will keep an eye on it too. Easy to protect, it’s not overlooked, no balconies or anything.”
“Fine. Thanks Will, give it five minutes for people to clear and then we’ll get him over there, both he and Joe need their beds.”
“How about the girls?”
Ben went over to Carole who was bending over Adam, “Take it easy he’ll cope.”
“I know Pa but.....” Ben put his arm round her knowing she hated Adam being hurt just as much as he did. “What do you want to do Carole? Will has arranged rooms close by for us and I’ll get Adam to bed in a just a few minutes.”
Carole frowned, unsure what to do, hating to leave her husband but knowing that there was very little she could do to help him, he really needed to sleep. While at the strange ranch the children might pick up something from the adults and get worried or upset especially in the absence of both parents. She was torn, hating equally leaving Adam and not being with her children. Ben wasn’t aware that Adam was even listening; his son appeared to be virtually out. Adam felt as though everything was happening a long way away but he had heard every word and seeing the worry and confusion on Carole’s face, he forced himself to sit up a little straighter and reached out for her hand. “I’m alright my love, just very tired. I’ll sleep like a log and Pa can get me anything I need. You let the Johns take you to the ranch, the kids will be worried if none of us come.”
Joe moved forward “Adam’s right Carole. Nita is going too, the kids need you. Sue will stay in town; trust you two to look after Johnny. She can change any dressings that are needed.”
Carole accepted that “Alright but only on condition John brings us back very early in the morning before court resumes.”
Adam held her hand tightly “Please don’t worry I’ll be fine.”
“Sure you will my love, sleep well.” She turned away but not before Adam saw the sheen of tears in her eyes as she had to leave him so weak and ill. Adam called to Laura and she came over and kissed his forehead, alarmed at the high fever. “Don’t worry Adam I’ll look after Carole for you, stop her fretting and you get a good night’s sleep.”
“Mind reader.”
She smiled “I’ve known you a long time. Come on we’ll see you settled first and then we’ll go back to the children.”
Hoss came over “The crowds have gone Pa, time to make a move.”
Ben sighed, knowing the distance involved wasn’t great but still too far for a weak injured man. The position of the wounds made it very hard to give Adam adequate support and Ben suggested “We need a stretcher.”
“Pa I am not going out of here on a stretcher!” Adam protested, indignation giving his voice more power than it had had all afternoon. “If Jess will give me support I can walk.”
Jess came forward, shorter than Ben or Hoss; he could support Adam without straining the injured shoulder muscles. Hoss moved up close the other side for protection and ready to steady his brother if needed. Will moved in close to his youngest cousin, unsure that Joe was very much better off than his brother. Ben and John went ahead to clear a passage and the rest of the party moved in close to ensure that nobody could get at Adam or Joe, either intentionally or accidentally.
Jess took as much of Adam’s weight as he could, alarmed by the fever he could feel. He let Adam make his own pace, thankful that Hoss was there if he was needed. For the first few minutes Adam coped fairly well but then his strength seemed to ebb and the whole scene floated round him. He felt hot and dizzy, the sky tending to go black. Jess felt his increased weakness and began murmuring reassuringly to his friend encouraging him to keep going. It brought back vivid memories of that terrible night after the forest fire when he had to persuade Adam to walk to cover. Hoss let Jess cajole Adam a little further and then as Adam’s head slumped forward down onto his chest, he moved swiftly to steady his brother. “Let me have him Jess.” He very gently picked Adam up with great care for his injuries. Hoss needed every ounce of his huge strength to carry Adam along the street to the small guesthouse. Will was supporting Joe by the time they reached the guesthouse and ignoring Joe’s protests, he followed Hoss’ example and lifting Joe up carried him upstairs to the large bedroom where Hoss was gently depositing his unconscious burden on the bed.
Carole very worried knelt down by him but Ben gripped her shoulder, “Easy Carole he’s just overdone it, needs to rest. He will be fine.”
“I know
Meanwhile Ben and Nita bullied Joe into the other bed in the room, totally ignoring his protests that he didn’t need to go to bed and was quite well enough to go for food in the normal way. His protest didn’t even really convince himself and he was glad to be able to relax in the bed. He was less concerned about himself than his brother and was glad when Ben asked John to go and ask the Doctor to come and check Adam over.
Then as Adam stirred Ben sat down by his son and gave him a drink of water. “Just rest Adam, no need to do anything but sleep for the next few hours.”
“Sorry
“Nothing to be sorry about, you did very well to cope in court. Just rest now. Do you want anything to eat?”
“No. Just thirsty.”
“Could you manage some milk?”
Adam nodded and Will got to his feet “I’ll go and arrange for some.”
John came over “I’ll take the girls home. I give you my word Adam they and your children will be safe and well, see you in the morning. You rest and I hope you feel better.”
Carole kissed her husband, “Sleep well sweetheart I’ll see you before court tomorrow.” Ben went out with the departing group and reassured them that he would have Doc check Adam and if he’d done any harm wouldn’t let his son continue in the morning. In return John promised to look after the rest of the family.
Soon after they’d left and Adam had finished his milk, the Doc bustled in. “What’s this I hear round town, your son had been continuing his case?”
Adam decided it was time to speak up for himself and with a chance to lie still and have a drink he was back in control. “Doctor I am very grateful for the job you did earlier but you know better than anyone no vital parts were touched. All I did was sit in a chair and ask a few questions.”
The Doc wasn’t taking this cheek from his patient and he said firmly, “You’re a fool. Now lay back and let me see what damage you have done.”
Adam smiled freely seeing the twinkle I the Doctor’s eye but it quickly faded as with Ben’s help Doc undid the bandages an checked the wounds. He had left the bad wound in Adam’s back free to drain and he spent five minutes cleaning it up. Adam bit down hard and endured. Hoss wiped his face and did his best to reassure his brother, “Not long now Adam easy brother easy.”
The Doc moved quickly and in less than ten minutes he had finished and re-bandaged Adam Then he examined his patient’s overall condition and took his temperature and pulse, “Well by some miracle you haven’t pushed yourself into shock but you’ve got a high fever. You need rest; make up all that blood you’ve lost. Just what are you planning to do?”
“I’ll rest Doc.” Adam prevaricated.
Doc snorted “I’m sure you will for now. In your current condition you wouldn’t make the door of this room. What I want to know is just what you’re planning to do when you’ve had a few hours sleep?”
Adam smiled “Alright I admit Doc I intend to go back to court tomorrow. It should finish tomorrow, then I’ll have plenty of time to relax.”
“You are not fit enough to leave bed for at least a week,” Doc said firmly and turned to Ben “Your son was very lucky that those bullets hit him at an angle, but he has two bad wounds. He must rest or you run the risk that he’ll collapse.”
Adam intervened, anger clear in his voice, “I am not a child and I am capable of making my own decisions. I will not take any risks but I can manage to sit quietly in court and conduct a case.”
The Doc wouldn’t accept that “You cannot manage, you’ll end up killing yourself!”
Adam was tensing up as he found himself in an argument and Ben realised that and broke in “Doc there is a great deal of background to this case which I can’t explain. It is very important to all of us, but especially to my son. He has literally given up everything, including several months of his life for it. If we try and stop him now, with just one day to go, I know him well enough to be positive that he will fret himself into a far worse state than if he is allowed to do as he wants.”
Doc frowned but he could see agreement on the faces of all the other men in the room and he could only assume that they knew his patient far better than he did. He still felt that Adam was far too weak to successfully do a job in a court of law but that was their decision and he gave way. “If you’re that determined you’d better get some sleep now. I’ll leave some laudanum in case the pain gets any worse. What time does court convene in the morning?”
Ben said “Nine o’clock.”
“Alright I’ll come back about eight, check him over and make sure he gets to court safely.”
“We would be very grateful.” Ben said but the Doc rather grumpily said “Don’t worry you’ll pay for it.”
Adam had relaxed having got his own way and as he did so his bodily weakness removed any risk of worrying about the next day. Hoss helped him to settle on his right side with pillows to support him and protect his injured back and side. Almost before Adam had managed to say thank you he was asleep.
Joe wasn’t very much better off, fighting to keep his eyes open and Ben pulled the blanket round his shoulders, “Why don’t you give in Joe get some sleep, we’re all a mite short of it. I’ll get you some food later.” That made sense to Joe and he followed Adam’s example and dozed off.
Ben looked at the other three, “I’ll keep an eye on the boys for now, you go and eat and then you can spell me.”
Will said “I’m not that hungry at the minute, I’ll hang around too. Send two of John’s men now and then when Hoss and Jess come back we can go.”
Ben nodded “Alright that makes sense, thanks Will. I think if we leave the connecting door open we can make ourselves comfortable next door, soon hear if either of them want anything.”
Hoss looked down at his brothers sombrely “Don’t know about Joe but Adam looks as though he needs to sleep for a month. I wish I could be sure we’re doing the right thing letting him carry on.”
Jess spoke up, “I know it’s not my business but I’ve seen perhaps more than most just what Adam has put into these last weeks. Your Pa was right when he told the Doc, you try to stop him and he’ll really fret himself into a fever.” Jess bit his lip at his own temerity, explaining Adam to his family.
Ben saw and smiled, “It’s alright Jess you have every right to say what you think. We know Adam means a lot to you and caring buys you those rights.”
Sue saw Joe stir uneasily and hustled everyone into the next room. She would keep an eye on her patients; all the men had to do was ensure their safety. Hoss kissed her gently and then went off to get a meal, promising to bring her something back, content to entrust his brothers to his wife’s expert care.
Hoss and Jess left the hotel with two of John’s men but the two pairs split up, the men far too impressed with the Cartwright name to be comfortable eating with Hoss. In his present mood that suited the big man and over the meal he questioned Jess about those missing weeks when Adam withdrew from the family. Jess didn’t really want to talk about them but seeing the concern in Hoss’ eyes he gave in. He kept it brief but told Hoss a little of the times that Adam had come to him, restless, upset, needing to talk occasionally physically sick as he forced arguments and fights with those he loved to protect the weaker members of their family. Hoss was glad of a large brandy and eventually he offered Jess his hand formally, “I always knew Adam had a good friend in you but until now I don’t think I knew quite how good. Anything we can ever do Jess, there ain’t no way on Earth to begin to repay you for what you’ve done these last months.”
Jess embarrassed could only shake and he accepted a brandy too, “Guess it’s time we got back relieved your Pa and Will.”
“Relax enjoy your drink. Pa won’t move until Joe wakes up and wants food and I reckon that’s gonna be a few hours.”
“How bad was Joe’s arm?”
“Clean wound, bone not touched but with all the chaos and Adam badly hurt it was too long before we got it padded and he lost too much blood. Despite all the fights Joe’s been real worried about Adam and he ain’t had too much sleep recently.”
“I know it’s been hard on all of you. Hell even I’ve lost some sleep.”
“Because as Pa said you care, come on let’s go back I still have to get Sue some food.”
Soon after they returned Joe stirred and sitting up pronounced he was starving. Hoss pushed pillows behind him “Take it easy and quieten down Adam’s asleep.”
“How is he?”
“Fever’s dropped a little since he gave in and dozed off. Don’t worry about Adam he’s recovered from far worse. What do you fancy to eat?”
“A nice large steak.”
Hoss looked over at Sue but she just shrugged, “Let him have what he wants, he just need to replace the blood he’s lost but Joe you need plenty to drink.”
“Beer?” Joe said hopefully.
Sue grinned but firmly said “Milk.”
Joe felt better once he’d eaten and levered himself up on his pillows, gesturing at Adam. “He was murmuring while you were out.”
Sue confirmed that “He was a little delirious, not really surprising with that fever.”
Hoss wiped his brother’s face and put on a fresh cold compress on his forehead “Sue can he cope? I mean in court you need your wits about you.”
Sue carefully tucked the blankets round Adam “Don’t worry Hoss, he’s had more than twelve hours to sleep, his fever will drop off with the rest. This delirium is only because he’s given in for a while.”
Hoss looked up in alarm “Given in?”
“Don’t take it so hard darling. He’s been badly hurt and he’s weak, especially after the hard time he’s had these last weeks. I just mean that for a few minutes there is nothing he can usefully do and he knows you’re all here to protect him, so his mind has relaxed its hold for once. Let his bodily weakness take over.”
Hoss relaxed “You reckon he’ll be alright in the morning?”
“He’ll be back in control, hiding his weakness and doing a good job but once he’s finished this case then maybe he’ll collapse. Just make sure you’re on hand then.” Sue looked very solemn as she spoke and Hoss knew her well enough to see the deep worry she felt, “You said he’d be okay?”
“And I’m still sure he will. Certainly there’s a strong possibility he’ll collapse and need a fortnight in bed but he needs that anyway. He won’t make himself any worse maybe just take a little longer to recover and for once we’ll actually be able to help him.”
Hoss held her close glad of her calm good sense, “We let him do as he wants?”
Sue pulled away to look at him “Hoss I love you very much and I have a great deal of faith in your ability in many ways, but when it comes to dissuading Adam, from doing exactly what he wants, I’m afraid I have no faith at all!”
Joe giggled, “You must admit she’s right there Hoss.”
Hoss sighed, “The family’s combined efforts don’t do so good either.”
Sue said “I had noticed! Come on Joe settle down again, you need some rest too.”
“What’s this a conspiracy? Can’t control Adam so you start bullying me?”
“Jest one finger will just about do it!” Hoss said, rubbing it in. Joe allowed Hoss to help him settle back down, he felt better for some food but he was still feeling weak and knew Sue was right he needed some sleep. It didn’t take very long for Joe to go back to sleep and Hoss watched him in concern. He knew his young brother must be worse hurt than he pretended if he was giving in so easily.
Sue said reassuringly “Joe’s going to be fine in a few days, he’s just being sensible catching up on his sleep while he can.”
Hoss was only half joking when he murmured “That’s what worries me, Joe being sensible.”
Ben insisted Hoss take Sue to bed a little later; he would sit with his sons and call if he needed help. With both of them sleeping peacefully Ben was able to doze a little and then at about 2.30 a.m. Jess came in. Jess had managed a reasonable sleep and he said, "Mr Cartwright you’re going to have a long day and Adam is going to need your help, so why don’t you go and get some sleep. I’ll look after them.”
Ben was touched by the offer and he knew Jess was making sense so rather to his own surprise he got to his feet without argument. “Thank you Jess.”
Jess was warmed by the trust the older man showed, he’d been a close friend of Adam’s for a long time and since becoming Anne’s Godfather he had become almost an adopted member of the extended family. Somehow this trust shown by Ben was another step forward to complete acceptance to a family life so different from anything he’d known before he came to the Ponderosa.
Jess sat by his friend’s bed and renewed the cold compress, at least Adam was a lot less feverish than he had been when Jess helped him over from court and he was resting quietly.
The time seemed to pass very quickly and Adam stirred before anyone else came in. It was not long after seven but with fourteen hours sleep behind him Adam felt much better. He showed no surprise at seeing Jess with him, just asking for assistance to sit up and then sending Jess in search of coffee, needing something to clear his thick head.
By the time Jess got back with it Joe was awake too and fed up with bed he was getting dressed. He grinned as Jess came in “You’re a lifesaver, I have a hangover or at least it feels like one. Which is a mite unfair given I didn’t have the fun of earning it.”
Jess poured out three coffees “How about you Adam?”
“Oh I feel much better for a long sleep. I wanted to get dressed too but Joe said the Doc is coming so I guess I’d better wait.”
Jess passed over the coffee “You look as though you have a headache too.”
“Just the effects of chloroform I never did like being put to sleep; nothing that coffee won’t cure.” Two cups of coffee later when the rest of the family came in Adam was sufficiently in control to hide how he felt and certainly his fever was considerably lower than it had been.
The party from John’s ranch arrived just before the Doctor. They were able to reassure the brothers that the kids were fine and the security tight round the ranch. In return Ben reassured Carole and Nita that their husbands had both slept well and had reasonable breakfasts.
When Doc arrived he quickly checked Adam’s injuries and then spent five minutes checking his overall condition. “Better for some rest, be better still if you’d stay put.”
“I thought we made it clear yesterday that I don’t have a choice.”
“Alright.” Doc gave way “Everyone out except you young lady, he signalled to Sue.” Carole shook her head “he’s my husband I’m staying,”
Ben put his arm round her shoulder “No Carole, come on leave him in peace.” Adam showed his relief as Ben led Carole out. The Doc with Sue’s help redressed the wounds and then very carefully eased Adam into his shirt and coat. Once they were on Sue made no attempt to do them up just supporting Adam’s head on her shoulder as he fought for control of his breathing. Slowly Adam won control and as he sat up the doctor fed him some laudanum. Adam was grateful for it and asked “Give me five minutes.”
“Take your time young man. We won’t let anyone in until you’re ready.” Adam slowly won back control and a little colour came back to his lips. Only then did Sue gently do up the buttons and help him on with his boots, fixing the sling for his arm.
Doc asked “You’re still determined to go through with this?”
“I have to, it should be finished today, all I can do anyway.”
“Alright but you’re not fit enough to walk to the courthouse, you’ll be back in a high fever if you try.”
“I will not go on a stretcher and even my brother can’t carry me, not with these wounds.”
“I realise that but this is
Adam looked totally confused and the Doc went on. “I think that there might be certain panache in arriving in court in a sedan chair and if your brother helps I think it should be reasonably comfortable.”
Adam grinned, “Doc you’re a genius.”
“I might even come along for the day and
see just what is so important to you. My partner can manage the colds and bump
of
Adam was touched, knowing why the Doc had this sudden interest in law but he protested “I’ll be fine, just sitting quietly in court.”
Doc said very innocently “I’m not suggesting you won’t but I’ve earnt a peaceful day and I’m as free as anyone else to watch a court case on my day off.”
Adam grinned “You’re very welcome, I hope I can make it interesting for you.”
Sue let the others back in and they were pleasurably surprised to see Adam apparently relaxed and cheerful. Adam explained Doc’s suggestion and Ben smiled “That’s inspired. John can you arrange it?”
“Sure. When?”
“As soon as you like” Adam said “I want to have a word with Jamie before he takes the stand.”
The chair was fairly comfortable and Ben
was relieved to find the Doc intended staying in court, just in case. Adam made
it into court without any visible sign of distress although Jess felt a growing
weakness as he helped his friend to his seat. He didn’t say anything, just
keeping everyone away with Hoss’ help until Adam showed signs of recovering and
asked to speak to Jamie. Once he had run over what he wanted from Jamie, he
called Johnny over. He would have to give evidence of the arrangements he had
made and then Rochford and
The Judge was there prompt at nine and
called the court to order. To Adam’s relief Judge Harris made no comment on his
injuries. Adam continued to take advantage of his permission to address the
court from his seat. He called Jamie, “You are James Hunter, qualified lawyer
domiciled in
“Yes.”
“Will you explain to the court you’re relationship with the Cartwrights?”
“For several years in my teens I lived with them and Ben Cartwright applied for formal adoption but my Grandfather came forward and the adoption did not proceed. However I have always considered myself part of the family.”
“Some weeks ago did I visit you?”
“Yes.”
“Will you explain to the court what I asked you to do?”
“You asked me to go to Mexico to contact a friend of yours Ramon Diaz, who would act as my interpreter, and then to check all the land grants registered in Mexico for any part of the Western States of the United States, the land passed over to the US by the Treaty of Guadeloupe Hidalgo.”
“You accepted my offer, my request.”
“Of course. I headed straight for
“Just to keep things clear Mr Hunter, there
weren’t any land grants for the area of
“No none at all. The local historical
society has no record of any expedition or involvement with the area. Professor
de Sanya, the Professor at the
Adam checked over his papers and looked questioningly at his brother, scared he’d forgotten something. Joe lent over, “its okay Adam, you’ve got all you need and Jamie can cope with cross examination.”
Adam nodded “No more questions.” He tried to relax, Joe was right Jamie would cope and he had the damming evidence of the record, ready for him to use later.
Cullen stood up to cross examine, a little
wary for all his obvious youth Jamie was a qualified lawyer. “You went to
“Yes I owe the Cartwrights a great deal and I have only just qualified. I’m not exactly overrun with work.”
“All the doors in
“Adam Cartwright has many friends and contacts in this country and abroad, He gave me letters of introduction.”
“How long did you spend in
“About two months.”
“So you knew about this case well in advance?”
“Yes.”
“How?”
“From Adam Cartwright.”
“How did he know?”
“I don’t know I didn’t ask.”
The Judge had been expecting Adam to object
but he realised the witness wasn’t in need of protection. Cullen decided he
wasn’t getting anywhere on that and went onto the detail of what Jamie had
found in
When Jamie was released Adam caused consternation in the court as he called his next witness, “I call the Earl of Northumberland.”
Johnny took the stand and Adam asked for his full name, “John Edward Charles Sutherland, Earl of Northumberland.”
“You normally live in
“Yes I have a country estate In
Northumberland and a hunting estate in Leicestershire. I also have a house in
“You are a qualified lawyer?”
“Yes I qualified at
“We became acquainted at
“Rather more than acquainted, good friends.
I have made several visits to the Ponderosa and you visited me in
“Did I contact you earlier this year?”
“Yes I had several long telegrams and a
covering letter from you. You asked me to arrange for checks in the Spanish
archives and those of the
“Were you able to make those arrangements?”
“Yes. My younger brother is Ambassador at
the
“No more questions.”
Haslam and Cullen had a quick chat but decided that there was little point in trying to impugn the integrity of a member of the British Aristocracy. He would not be involved in offering bribes even for a friend and any attempt to persuade the court of this possibility might well backfire. So Cullen stood up “No questions.”
As Johnny got down Adam eased himself to his feet, “May I approach the bench?”
Judge Harris nodded and Adam moved slowly forward “Your honour I asked permission to recall the witness Padilla and I intend to do so after the next two witnesses. While the court hears their testimony I would ask that Padilla be held incommunicado.”
“You don’t want him to hear their testimony?”
“No your Honour. I feel there may be a case of perjury at the end of this case.”
The Judge called Haslam and Cullen over and put Adam’s request to them. Much as they disliked the idea they had to put a brave face on and pretend that it was perfectly acceptable anything else would look as though they had something to hide. Adam knew why they had given in but it was enough that he had his own way. He kept his back straight and shook his head at his father, who would have come to help. Adam made it back to his seat unaided but he was very thankful to sit down. Jamie glanced at Ben as Padilla was led out and Ben gave Adam a weak brandy and water. Joe said “Go on Jamie call Rochfort first and take him through his qualifications. Give Adam a few minutes.”
Jamie did exactly that rather to Adam’s surprise but it gave him a much needed few minutes to win control and Jamie was perfectly competent. Jamie took Rochfort through his qualifications and Johnny’s approach to him to check the Vatican Archives and then glanced over at Adam. Adam looked a lot better and signalled that he would take over. “Exactly what were you asked to check?”
“All land grants for the area of the
Mexican cession but in particular anything anywhere within the current state of
“How many of the Spanish grants are on
record in the
“Only those with church involvement although the best estimate from the archivist was that this includes some two thirds of all the land grants.”
“You heard Mr Sauvinet’s testimony in court?”
“Yes.”
“Did it appear to you that there was any church involvement in this case?”
“No but sometimes the involvement was very peripheral. Sponsorship by a priest for instance and according to Mr Sauvinet, his grandfather first became involved with Padré Escalante.”
“Would that be sufficient to warrant
recording in the
“That first trip was on record.”
“Do you have a copy?”
“Yes.”
Joe pulled it out and Jamie passed the copies round, not that the copies were going to be immediately helpful, written in formal Church Latin. Adam smiled at the frowns of the Judge and the other lawyers. “Perhaps you can help me Mr Rochfort, my Latin is not exactly fluent. I assume your own is of a higher standard.”
“I spend a lot of my life reading church documents in Latin.”
“I think we will have to rely on your expertise here, although I am sure translations can be obtained.” Adam looked questioningly at the Judge who nodded. Adam went on “Could you tell us what the documents include?”
“A description of the trip mainly in diary form and maps of the area travelled. Then details of the people found and the attempted and successful conversions.”
“Is there any mention of a young boy or the name Sauvinet?”
“No there is not.”
“Any description of the personnel involved in the trip?”
“Yes at the starts what appears to be considerable detail of their ages, occupations and particular expertise leading to their inclusion.”
“The youngest?”
“The youngest mentioned is 23 years of age.”
“I assume there is nothing to say whether or not the list is totally inclusive?”
“No nothing.”
“Can we pass onto the record of grants? Did
you find many in the
“Quite a lot but mainly much further south.
For the area ceded to the
“Where were they situated?”
“A scattering along the Californian coast,
mainly associated with the Missions and the rest near the border with
“None of these grants was in the name of Sauvinet?”
“No.”
“None of them in
“None at all.”
“You have copies of all the grants?”
“Yes and a sworn statement from the
Archivist of the College of Cardinals to the effect that this is the complete
list of grants on record in the
“No more questions.”
Haslam stood up to cross-examine more than
a little out of his depth with this Professor of Theology. Adam had rather
stolen his points anyway but he went over them again. The lack of mention of a
young orphan boy only along to help with the horses was surely not particularly
surprising in an important document for the church. His inclusion would have
been far more surprising. His other main point was that as Sauvinet himself was
not involved with the church in anyway it was hardly surprising that his
expeditions and the land grant weren’t registered in the
Adam was in two minds he didn’t want to
mention the seal yet but could hardly ask to recall his own witness later.
Eventually he decided to let Rochfort go, he would rely on the Judge’s interest
and fairness to consult the experts at the right time. Adam was very tense as
they came to the crux of the case where he had to destroy every vestige of
credibility of the Sauvinet grant. He felt the need for a minute to sort out
his thoughts and signalled Jamie to call
“Yes he did.”
“In
“No.”
A buzz went round the courtroom at that blank statement, quite a lot of the evidence was confusing to all except the lawyers but most of them had heard Padilla’s evidence and been reminded of it by his earlier removal from court. Adam waited for silence “Where are the archives?”
”There are several sets, certainly domestic documents are held in Madrid, either in the Archive House or in the Library of the Escorial Palace, but all documents related to the colonies are kept in the General Archives of the Indies which is in Seville.”
“How long has this been the case?”
“Since the Council of the
“So when you wished to check land grants
you went to
“I did.”
“Can you describe the building which houses these archives?”
“Like many of the buildings in
“What assistance did you have in your search?”
“The Chief Archivist of the General
Archives assisted me personally plus three of his assistants. He has worked in
the Archives in
Adam passed Jamie an affidavit to take
forward. “This is an affidavit signed by the Chief Archivist to say that to the
best of his knowledge we have copies of every land grant that passed from
Adam turned back to
“Just the one, that by Padré Escalante.”
“No later expeditions?”
“No.”
“How much documentation was associated with the Padré’s trip?”
“A considerable amount spread over about seven years, from the original suggestion to the general acceptance of principle, demand for details of plans, request for changes and then final authorisation. After the trip there was the report, request for more details on part of that report and then several more letters haggling over payment of money.”
“Was that unusual for such a trip?”
“No it seemed perfectly standard.”
“Yet for the three trips Mr Sauvinet claims
his Grandfather made at the instigation of
“That’s not what I said.” For a moment Adam was taken aback, wondering what had gone wrong and Joe whispered “Ask him to explain.”
Adam nodded “I’m sorry Mr
“You asked if there were any other
expeditions to
Haslam bounced up “Objection.”
Adam back on course said “You mean there
were no documents pertaining to any expeditions in
“Yes. Neither were there any documents pertaining to any expedition led by a man called Sauvinet. However his name did arise in a few of the documents and the final report of an expedition to Santa Fé in 1794-1786, led by a man called Sanchez.”
“You have copies of these documents.”
“Yes with a translation attached.”
“What sort of reward was granted to Sanchez and members of his expedition?”
“Not enough according to them. Sanchez had been promised a land grant and from his diary it appears that he thought it would be big enough to give land to all of his men and that he had recruited them on that basis.”
“He didn’t get his land?”
“No because Sanchez died in 1798 while the reports were still being written. There are a number of letters from a man called de Alvarez who had been the second in command. The letters get more and more demanding of his rights. He wanted the land grant promised to Sanchez which he felt now devolved on him. In these letters Sauvinet is also named as a claimant.”
Adam took one of the letters and gave it to
Jamie to pass to
“1813”
“Was there any answer?”
“No at that stage
“In 1813 the town spoken of in the letter
could not have been in
“No it means Santa Fé. All the correspondence makes it clear that it is land around Santa Fé that is being requested.”
“Was the request granted?”
“Not to my knowledge the matter was still
unsettled in 1821 when the area became part of an independent
“Apart from those expedition reports you were looking for details of land grants in the area of the Mexican cession, did you find any?”
“Yes I found record of 31 grants that were given and 5 more records of grants that were requested but eventually refused.”
“Did you have occasion to compare the results of your researches with Mr Rochfort?”
“I did.”
“With what result?”
“I had copies of all his grants plus nine others.”
“So nothing in your researches contradicted what Mr Rochfort found or vice versa?”
“That’s correct.”
“The nine new ones and the five which were refused, what areas did they cover?”
“Mainly near the border, two in
“Any in
“No.”
“You heard Mr Padilla’s evidence?”
“Yes.”
“He claimed to have checked the
registration document in
“No. I told you the Archives for all
matters about the colonies are in
“Have you met Mr Padilla previously?”
“Yes.”
“Will you tell the Court where and under what circumstances?”
Haslam was on his feet “Objection This witness is impugning the integrity of my witness.”
Judge Harris said “I understand that Mr Cartwright intends recalling Mr Padilla next so he will have ample opportunity to rebut these allegations and you can test them on cross examination. Objection overruled. The witness will answer the question.”
“Did he gain admission?”
“No the work he submitted for consideration was plagiarized and the original author was recognized.”
Adam sensed from the blank looks round the
court that most people didn’t have a clue what
“That’s right.”
“Why should he take such a risk?”
“The college checked back on his references
and found they were forged. He had worked as a librarian at the
“No more questions.” Adam was being buoyed
up by the adrenaline for now. He knew that his points were getting through to
the Judge, who was very interested in the case he was building and giving him
considerable leeway. The opposition was in disarray as facts they didn’t even
know were being established against them and although fighting a rearguard
action Adam sensed that Haslam and Cullen already knew that they had lost. He
was confident that
From somewhere Hoss had miraculously come up with some hot coffee and he had laced two with brandy and passed them forward to his injured brothers. Adam was very grateful, weak he felt cold despite the growing fever and the hot coffee tasted marvellous. Ben was well aware his son’s fever was up again but with only a couple of recalled witnesses to go he still felt confident that Adam could cope. Anyway he knew there was noway his son would rest and concentrate on getting better until the case was completed.
Haslam took the cross examination but he
wasn’t getting anywhere.
By now it was nearly quarter to twelve and
Adam bit his lip anxiously as the Judge looked at his watch. Adam hoped the
Judge wasn’t going to recess for an early lunch as they had started early. He
wanted to call Padilla while
Adam said “At this point I’d like to recall Léon Padilla.”
The Judge signalled to the deputy at the back of the court and had Padilla brought in. Padilla was very nervous, worried about what had been said in his absence. As he took the stand Judge Harris reminded him that he was still under oath and off his own bat he lectured Padilla on the crime and penalties of perjury. By the time he’d finished and Padilla faced Adam he was already a nervous wreck. This time Adam did get to his feet, he didn’t want Padilla looking for and perhaps receiving coaching from his lawyers, Adam positioned himself do he blocked any signals and the he asked “You stated in your main evidence that you were an archivist working in Madrid. Can you be a little more precise?”
“I worked in the Escorial Palace Library.”
“I understand that you left that job some time ago.”
“I....I don’t know what you mean.”
“The Judge has just reminded you of the
penalties for perjury. Were you or were you not sacked from the Library at the
Padilla looked desperately round the court but there was no help and Adam asked “You Honour will you please order the witness to answer.”
Judge Harris looked down at the scared man “Mr Padilla you must answer the question.”
Padilla looked down, shuffling his feet, “Si Señor.” It was said so low that even Adam could barely hear and the Judge ordered him to speak up and he repeated “Si Señor.”
Padilla made one last attempt to defend himself “Even when not working the Archives they are open to research and I know them very well.”
“The archives at the
“Si.”
“If you know them so well you must know they cover purely domestic matters. Is that correct?”
“Mainly.” Padilla admitted begrudgingly.
“Where are the archives for the colonies kept?”
“In
“You know those too no doubt?”
Padilla recognized a lifeline and perked up
a little. “Si Señor we are based in one archive but have business in all. It
was in
“I see.” Adam said “It must have taken a long time in that enormously long room. Perhaps you can tell us about it.”
“It is badly lit as you say very long with rows of documents off the centre corridor, but they are in order of time so it doesn’t take too long when you know the date.”
“You just walk down the centre aisle and check the dates in a row every so often. Is that it?”
“Even easier the dates are marked on the centre column for the two rows back to back.”
“Is the room full?”
“Non Señor about three quarters filled. It is very long but not so wide, maybe ten feet each side of the centre corridor.”
“Dark?”
“It is badly lit, you need a lantern. Few windows but that is better, for the papers.”
Adam frowned “I’m a little confused, That
description seems very accurate for the Archives at the Escorial but in Seville
a different system is used, consisting of many small rooms not one large one.
You have never been to
“But yes many times.”
“Describe where the Archive is with respect to the cathedral?”
Padilla looked round in obvious panic and then with a sigh he gave in “I don’t know.”
Adam had Jamie pass a map forward “Your
Honour if you look at the map of
“No.”
“You didn’t check the registration of this land grant?”
“No.”
“When were you last in
“More than four years ago.”
Judge Harris intervened, “Mr Padilla you realise that you are admitting to perjuring yourself in this court?”
“Si.”
“Deputy take this man to my chambers and hold him in custody until I can come. Mr Cullen and Mr Haslam approach the bench.”
They did so and Adam slowly made his way back to his own seat, with his Father’s help, but he wasn’t even aware of his own aches and pains as he strained to hear what was happening at the bench. That was facilitated by everyone else’s equal curiosity and a pin could have been heard to drop in the court.
The Judge made it very clear that he was
considering their involvement in at least condoning, if not procuring perjury,
but Cullen was emphatic they had been fooled as much as the court. They had
paid all his expenses plus a considerable sum for his services and had believed
that he had indeed been to
The Judge accepted their defence for now but he was scathing in his comments about the preparation of their case. To their relief he dismissed them and adjourned the court for lunch. He sent his clerk to offer the use of his chambers to the Cartwrights if they would just give him five minutes to deal with Padilla.
Ben accepted that offer gratefully, Adam was in no condition to move far. He sent Hoss and Will to collect food for the main party and then sat down by Adam “Just a couple of minutes Son and you can lie down for an hour.”
“I’m alright
Jess helped Adam through as the Judge emerged and Doc followed to check on his patient before the others came in. He was surprised how well Adam had stood up to the morning, certainly he was more feverish and his pulse rate up but after all the concentration and effort expended during the morning Doc had expected to find him far worse. For the first time he began to understand that this man was something special and to see why his family would entrust a vital case to him even though he was badly hurt.
The Judge had stopped for a word with Ben “Your son seems to be managing remarkably well.”
“He’ll keep up until this is over, it means a great deal to him.”
“If there is any need for a recess do ask. It doesn’t have to come from him, any of you on the table can do it, qualified lawyer or not. It will be considered very sympathetically.”
“I’m grateful your Honour.”
“I’m only interested in seeing justice done Mr Cartwright.” The Judge said no more but headed for lunch. He had offered Padilla the opportunity of pleading guilty to perjury in return for a fine. Padilla had done so and meekly paid the $5000 fine. The Judge had tried to find out if anyone had suggested perjury to him but Padilla had continued to deny it. It had seemed easy money and he hadn’t expected anyone out west to be able to prove him a liar so he had taken Cullen’s money and told him what he wanted to hear. The Judge knew men fairly well and he was convinced Padilla was far more scared of whoever had given him orders than he was of the law so the Judge fined him and let him go.
Judge Harris was very tempted just to end
the case after lunch. The claimants had made much play on the fact that the
only legal requirement was registration in
Adam was glad to rest but he couldn’t face food just asking for more coffee. He did let Sue lift his legs up and make him as comfortable as she could on the sofa. He sipped half his coffee and then put it down and shut his eyes. The others were glad of food but they discussed the morning’s events in muted voices. Without any conscious thought they all gravitated to the other end of the room leaving Carole with her husband. They spoke almost in whispers hoping that Adam might sleep. Even through the low voices the thread of excitement sounded, they all knew that morning had been decisively theirs and had gone a long way to demolishing the case against them.
Eventually Ben fell silent and stood watching his eldest son, the lines of pain very clear on Adam’s face as he relaxed a little. Joe saw the worry equally clear on his Father’s face “Take it easy Pa. Just another couple of hours and he’ll be able to rest properly.”
“He looks so drawn almost old.”
“Pa I can only imagine how much these last weeks have cost but I saw those wounds and the struggle Doc had to remove the bullet. The real miracle is that he’s on his feet at all. A few weeks peace and quiet back home with us all and he’ll be fine.”
Ben forced himself to cheer up, knowing his youngest son was by no means fit “Sure he will and at least he’s resting.” He was taken aback as Adam opened his eyes and grinned “Resting but not asleep. Stop worrying Pa I’ll be fine and for all of us and the Ponderosa to be safe will act like rejuvenation drug.”
“You just take it easy in court this afternoon.”
“Just two witnesses Pa. Newman and maybe Jamie and Rochfort for one question each and finally Sauvinet. Then we’re home and dry. They don’t have any answers, you saw the confusion.”
“Yes Son and I saw the contempt on Judge Harris face, he hasn’t missed a thing.”
Ben wasn’t the only one to see that contempt. Keane had headed straight back to his boss as the court recessed for lunch and he didn’t mince his words. They had lost there was noway the Judge was going to find for them and there was no chance to sneak an appeal. They would be lucky to slide out from under without facing charges of attempt to defraud and conspiracy. When they finally arrived Haslam and Cullen could only agree, they were scared for their own skins, just at the moment they would be lucky to keep their licences to practise. The only good news they had was that Padilla had had the sense to keep his mouth shut, take all the blame and pay his fine. Huntingdon told Keane to collect $10 000 of untraceable cash to pay Padilla. Enough to cover his fine and for him to leave the country fast before any other officers of the court decided to question him.
Huntingdon was in a cold fury “I want that whore. She must have known.”
Hearst shook his head “I’m sure Lady Dinah did not know. If Adam fooled us why shouldn’t he have fooled her?”
“I’m not convinced.”
Hearst shrugged “I think he was playing a lone hand. I can’t believe they were all acting. I think he even fooled his own family and that was why it was so convincing.”
“Where is she?”
“On her way back to
“Don’t you understand yet? Adam knows
exactly who is behind it, they all do by now. They must do he’s had men working
on this for months. Someone had sold us out!” As he said it Huntingdon glared
round the room.
Eventually to break the tension Hearst said “Knowing is one thing, proving it that’s something else.”
Huntingdon accepted that, “Does anyone still feel its worth pushing for a win?”
Everyone shook their heads, even before today’s events most had been well aware that what had looked like an impregnable case was falling apart around their ears. Huntingdon went on, “Right we cut our losses. We’ll choose a different time and place to get our own back on those damned Cartwrights. For now we need to disassociate ourselves from this case.”
Hearst asked tentatively “What do you mean?”
“Stop being so mealy mouthed. You know as
well as I do. We eliminate the weak links, Sauvinet and his alcoholic friend
Vegara and after his crass stupidity
Michelle bit down hard on the automatic protest that came to her lips but as she gripped her husband’s arm Grandison found himself protesting, “You can’t mean to kill them.”
“Why not? Or are you safe because you’ve been feeding Cartwright information?”
”No, no it’s not me. It’s just, I mean murder....”
Huntingdon laughed “Think of it as extermination of a rat’s nest. Your neck or theirs? Which is it to be?”
Grandison couldn’t answer but he seemed to shrink back into his chair and his real opinion was obvious to everyone. Huntingdon was scathing “Mr Grandison wants what you all want, safety, but he doesn’t have the stomach to act. So he’ll leave it for someone else to act for him and salve his conscience that way. No wonder you’re a small time operator out in the middle of nowhere.”
Huntingdon knew noone there really wanted
anything different but they would leave him to make the arrangements and he
ordered them all to get out of his sight, apart from Keane. Keane was well used
to handling such things for his Master and needed only very brief orders. He
would act as soon as the case was finished, or earlier if it appeared necessary
and proved possible. Keane had several men on call who knew exactly what to do,
very much more experienced and proficient than the gunmen
When the court reconvened Judge Harris gave a broad hint that he would favourably consider a motion but Adam didn’t take him up on it. “Your honour at this stage I would like to recall Mr Newman.”
The Judge had Newman called and he came
forward to take the stand with the Judge’s reminder that he was still under oath.
Newman sat down and Adam gave Jamie the original document under which the claim
had been made to pass to Newman. “Mr Newman earlier in the week you testified
that in your opinion this document was a genuine land grant issued by
“I’ve been following the evidence pretty
closely. Obviously if it’s genuine it should have been on record in
“You accept it isn’t?”
“Ain’t up to me young man but yes I accept it.”
“In that case perhaps we could look more closely at the document itself. To make thing quite clear, have I or any representative of mine approached you since your testimony?”
“Nope.”
“Could you fold up the document along the original folds?”
Newman did so “There you are, so what?”
“Is that the original seal?”
“Sure looks like it to me.”
“Is there anyway the seal could be lifted intact and replaced?”
“Easy. Just need a very sharp hot knife, but there ain’t no point. The document had been opened round it.”
“There may be a point if the seal has been moved from one document to another.”
That suggestion caused a total hush in the court, broken only by Sauvinet’s uneasy shuffling.
Newman considered Adam with growing interest. “That would be a good reason but how are you gonna prove it Son. These here.” He gestured at the piles of documents “They are only copies, no seals.”
“How many sealed copies have you seen?” Adam asked.
“This one here makes five, all the rest just copies and not as many as you have in this court room.”
“Can you remember which way the seal is placed?”
Newman frowned and stared at the document in his hand “It’s no good Son I can’t be sure.”
Adam turned to the Judge “Your honour may I recall Mr Rochfort and Mr Hunter for one question each?”
Judge Harris nodded “Mr Newman you just remain seated, Mr Rochfort and Mr Hunter please come forward,” They did so and the Judge said “You are still under oath. Mr Rochfort can you state which way the seal was applied?”
“So that it is the right way up with the fold opening close to you.”
The Judge took the document and studied it and then asked “Mr Hunter which way was the seal?”
“As Mr Rochfort described.”
The Judge considered the room and then said
“Mr
“Yes your Honour.”
“The seal?”
“I agree with Mr Rochfort.”
“Will you three gentlemen consider this seal?” They did so and Rochfort speaking for them all said “It’s upside down compared to normal.”
Judge Harris turned to Mr Newman “How unusual would it be for a mistake to occur?”
“Very unusual the Spanish clerks were very pedantic about such things.”
“I see. Continue Mr Cartwright.”
“How about the Mexican clerks?”
“Slightly more variable especially in the later days but this is Spanish.”
“If I remember correctly we agreed before that it was difficult to tell from the actual document apart from the signature?”
“The early Mexican ones were very similar to the Spanish.” Newman conceded.
Adam motioned to Jamie and tensed up as he came to the crux of his case. Joe saw and hastily poured his brother a neat brandy “Pa give him this.” Adam sipped it gratefully. Then he got to his feet and taking two documents he moved forward, leaving Jamie to belatedly deliver the claimant’s a copy. “Mr Newman will you examine these documents, defence exhibits 103b and 402c, Two copies of the same document a land grant issued to a man called Sauvinet in 1822 by the Mexican Government for land near Santa Fé.”
As Adam finished speaking a burst of noise hit the court room as everyone reacted in surprise. Sauvinet looked round at the door almost longingly but the deputy was standing there. It took Judge Harris nearly five minutes and recourse to threats to clear the court before he could obtain quiet. Adam was barely aware of it as Newman studied the new document and compared it with the claim document. Adam was too close to collapse to be able to read the expression of the older man’s face. He could only wait and pray. Weak and feverish this man’s testimony loomed as being the one vital point which would win him the case. Others might think he’d already won but to Adam it felt as though he still had a long fight on his hands.
Slowly the room fell silent and for most
people the rest was anticlimax as Adam took Newman through the two documents
almost line by line, showing where one was an exact copy and the clever changes
of the geographical location and time, along with the signature. Newman was
convinced long before Adam finished as Adam used other grants to show statement
supposedly used in the Spanish grant were out of place but would have been
normal in the Mexican one. Eventually with all the points he wanted written
into the record Adam asked “Could you tell the court your opinion of the original
document claiming land in
“It’s obvious I got taken by a clever forgery based on this Mexican grant and using the seal from it. I apologize for misleading the Court. All I can say in my own defence....” He broke off as Adam weak with relief swayed close to fainting and would have fallen if Hoss hadn’t hurried out to his brother and lifted him back to his seat. Ben fed him a little brandy while the Doc tut-tutted “He’s about had it, fever’s way up. He must go to bed”
Adam pushed him away “No just a few more minutes.”
The Judge asked “Do you wish for a recess?”
Joe got to his feet “No thank you your Honour. We have no more questions for this witness.”
The Judge looked over at Haslam and Cullen but with Newman glaring furiously at them, hating to have to admit that he’d been fooled it was very obvious that any attempt to salvage anything from his testimony was going to be counter productive. Haslam just said “No questions.”
Ben very worried as Adam fought for control of his breathing, feeling the high fever in him said “You can’t carry on Adam.”
“I can and will!” Adam forced himself to sit up straight “Joe call Sauvinet again.”
Joe got Jamie to request it and the Judge was perfectly willing, unlike Sauvinet himself. Cullen made it very clear to his client that he had no choice and took the opportunity to point out how dangerous it could be to his health to say too much. Sauvinet took the stand and Adam from sheer willpower gained control of his breathing and his voice “Alright let me be.”
Judge Harris asked “Are you well enough to continue Mr Cartwright?”
“Yes your Honour I apologize to the court for disrupting proceedings.” Then Adam turned his attention to Sauvinet, “You heard the evidence from Mr Newman?”
“Yes.”
“Will you examine this document?” Adam got Jamie to pass Sauvinet the Santa Fé grant, “Have you ever seen this before?”
Sauvinet wouldn’t answer and Judge Harris said “You must answer the question unless you have reason to believe the answer might incriminate you when the Fifth Amendment allows you to remain silent. Is that the case?”
“It might be.”
“The record will show that Mr Sauvinet refused to answer on the grounds that it might tend to incriminate him.”
Adam continues “In your earlier testimony you stated that you had, as a family, only one land grant?”
“Yes.”
“I suggest that this is the one land grant your family had.”
“I refuse to answer.”
The Judge intervened again “Let the record show refusal under the fifth.”
“You gave evidence earlier of some land that you sold in Santa Fé. Was that part of this land grant?”
“I refuse to answer.”
Adam had made the points he wanted and he said “No more questions, He had relaxed a little knowing he had virtually finished and his voice was barely audible to even his father and brothers. Judge Harris looked questioningly at them, and Joe repeated “No more questions your Honour.”
Haslam and Cullen had given in and Cullen said “No questions.” But as Sauvinet was about to step down Judge Harris ordered him to stay put. He had some questions of his own. The Judge was convinced that the rather pathetic young man hadn’t been capable of putting together such an elaborate attempted fraud all on his own and he was trying to find out who was behind Sauvinet. He was getting nowhere Sauvinet had discovered the magic words, “I refuse to answer of the grounds it might tend to incriminate me” and he hid behind them. He was far more scared of Huntingdon and Hearst than he was of the law.
Adam was barely even aware of what the Judge was doing, having his work cut out to retain his senses. Ben picked up the final statement Adam had drafted out, “One of us is going to have to read this out, Adam can’t.”
Joe was watching the Judge “I may be wrong Pa but I’m inclined to doubt it will be necessary.”
Hoss stayed by his brother, ignoring protocol as he wiped Adam’s face, and when Will came back slowly fed Adam some black coffee. Adam fought off the blackness of unconsciousness which threatened and began to take in what was happening.
Judge Harris let Sauvinet go, warning him not to attempt to leave the court. Then he considered the defence table, now with all four Cartwrights present. Ben and Hoss totally absorbed in looking after Adam and only Joe apparently paying any attention to the Court. He asked “Mr Hunter did you plan to call any more witnesses?”
“No your Honour, the defence rests.”
The Judge banged for order in the court and Adam pushed his father away “I’m okay.”
Judge Harris said “Normally at this stage both claimant and defence would have the opportunity to present their closing statements and any additional written evidence. In the circumstances I propose waiving final arguments unless either side wishes to proceed?”
Haslam and Cullen had a quick chat but all they really wanted was to get as far away from the case as possible and legally the Judge was within his rights, provided he offered the opportunity for statements. Haslam stood up “We concur your Honour but would request the opportunity to make personal statements after the decision.”
“That will be in order. Mr Cartwright?”
Joe whispered to his brother and then stood up “The defence is content to let the evidence speak for us your Honour.”
Judge Harris considered the two sides for a moment. “My full written judgement will be available tomorrow but I feel it is unnecessary to make everyone wait for my decision. I find for the defendants and I congratulate Mr Cartwright for his lucid presentation of the case, proving beyond all probable doubt that the document before the court was a forgery backed up by a tissue of lies. The forgery based on an original land grant given to the Sauvinet family near Santa Fé and wasted in the interim. I order the arrest of Mr Sauvinet on charges of fraud and perjury.”
Haslam stood up “Your Honour on behalf of myself and Mr Cullen I should like to apologize to the court. Like Mr Newman we were duped by this plausible young man and presented the case he gave us in good faith.”
As he sat down Judge Harris considered them coldly “For two such eminent lawyers you seem to have been strangely gullible. I propose to take no further action personally but I shall send a report on this case to the Law Society of California in your case Mr Haslam and of New York in your’s Mr Cullen.” With that he ended the court hearing, his main written judgement would be available the next day, but that would only dot the ‘i’s’ and cross the ‘t’s’, his decision was made.
As he stood up Adam finally took in that it
was over. He had barely been able to make any sense out of the last hour or so
and wasn’t even totally sure if he had won or lost. He just knew there was
nothing more that he could do and finally gave in and passed out. He slipped
sideways and would have fallen but Hoss was watching closely and steadied him.
Ben anxiously felt for his pulse but Hoss said “
Ben looked up “Doc what do you think?”
The Doctor checked his patient over carefully and then stood up smiling, “I think your Son had just about summed it up Mr Cartwright. Sheer will power has carried him through this far but having won he’s relaxed and nature has had its way.”
Ben frowned “Could he take a 12 mile wagon trip on reasonable roads?”
“It would take him to a place of safety where he could recover in comfort?”
“Yes it would.” Ben said.
“Provided you can wrap him up warmly and take it slowly I don’t think it would do any harm. With luck you can get him to bed before he comes round and I’ll ride along to make sure you’re not pushing too hard.”
“We can’t ask that of you Doc.” Ben said.
“You didn’t ask me I offered. Your son is quite a lawyer. I have had a most entertaining day. I think I’ll tag along.”
“We are very grateful.” Ben said. Then he turned to Will “Can you lay on the wagon?”
“Five minutes, straw blankets everything will be ready.” Will asked John and Jess to come and give him a hand and the three men slipped out. Carole had moved into support her husband’s head on her lap and Hoss was looking after them with Sue hovering, there if needed.
Sauvinet had been taken off to jail and the two lawyers had left, wanting to get out of town as soon as possible. They went straight to see Huntingdon and he was just as eager for them to get away before anyone started asking questions. He promised that Keane would arrange a lawyer for Sauvinet and told the two men to separate and go home. Reminding them that lawyer confidentiality was very necessary if they expected to retain their licences. Haslam and Cullen were on the way to the station before the Cartwrights had left the courthouse.
Judge Harris came over as Adam fainted and stood by anxiously as the Doc stood up he asked “Is Mr Cartwright going to be alright?”
Doc smiled “He will be, just weak from pain and loss of blood and unless I miss my guess suffering from complete physical and mental exhaustion.”
“Sounds serious.”
“Not too bad, a fortnight in bed will work wonders. From the look of him now he’s given in he’ll more than sleep the clock round, be much better when he wakes up.”
The Judge nodded “I hope so; he has done a very remarkable job.”
Joe sighed heavily “You don’t know the half of it your Honour.”
“I would like to know rather more young
man. I shall be in
“I’ll certainly pass on your message Sir and I am sure my brother would be delighted.”
“Good.” The Judge was about to leave when Joe noticed the papers still all over the claimant’s table. “Your honour could you spare me a moment?”
“Certainly young man.” The Judge looked at Joe with some concern, “You look as though you need your bed near as much as your brother.”
“I’m okay Sir and Adam will be soon, but if he were conscious now I think he would ask you a favour.”
The Judge frowned, he had grown to respect the Cartwrights over the last few days and hoped that the youngest member of the family wasn’t going to ask for something illegal. Joe smiled “Those papers on the desk. The copies of our defence exhibits. Who do they belong to?”
“A courtesy from the defence, a second copy. The court doesn’t need two copies and I don’t think Mr Sauvinet or his lawyer’s want them.”
“What will happen to them?”
“I imagine they will be thrown away under court seal.”
“I would like to request that the copies be given to Mr Newman. They have historical interest and I think he would make the best use of them. I’m sure my brother would like him to have them.”
The Judge smiled at Ben who had come over.
“Your sons never fail to surprise me Mr Cartwright! Your request is granted, it
seems the most reasonable use of valuable historical data.” He called Newman
over and to his very obvious delight passed over the spare copies of all the
documents from
Newman didn’t quite know what to say he was so thrilled. Ben took pity on him, “My son is right you’ll make far better use of them than anyone else we know. It would be a waste to throw them away.”
“I’m very grateful.”
“So are we. There aren’t that many experts who having made up their minds are open-minded enough to consider new evidence and if necessary change their minds.”
Hoss joined his brother and father “Seems to me we were very lucky with the calibre of our Judge as well as expert.”
The Judge smiled but he was touched “As I said once before all I was interested in was justice. I think you should be grateful for the calibre of your lawyer.”
Hoss looked over at his unconscious brother and there was obvious affection and pride in his voice, as well as concern, as he said “We know just how good he is Sir.”