“Mr. McCabe.” He knew he presented a homely picture to the crowd, resembling a young Abe Lincoln. Though the President was dead now these past five years, his memory still conjured unpleasant memories for many in Texas whose sympathies lay with the shattered Confederacy. Because of that, Rayford Burton kept his face averted so as not to be too conspicuous. “I understand you argued with Mr. Jewel the day before he was shot.”
Several in the crowd were heard to gasp.
The ranch foreman sprang to his feet in a rage. “Are you accusing me of killing my boss?”
“Sit down, Mr. McCabe.” The judge rapped his gavel and glared at the witness.
Cal sank back in the chair, but his eyes were as hard as rock chips.
“Did you argue with Mr. Jewel?” Rayford Burton persisted.
“Maybe. I don’t remember.”
“I’ll refresh your memory. You and Mr. Jewel had ridden to Adam Winter’s cabin, along with the deputy, to caution Winter about letting his cattle roam off his property. When Mr. Winter complained about the water being dammed, Mr. Jewel ordered you to see that the dam was removed at once. And you flew into a rage, saying Adam Winter was lying. Is that correct?”
“You’ve got it all wrong. I wasn’t mad at Onyx, I was—”
“You lost your temper, didn’t you, Mr. McCabe?”
Cal glanced toward Diamond, who was staring holes through him. He’d have to answer to her later. “Yeah. I lost my temper. Everyone around here knows I do that a lot. But I didn’t —”
“Thank you. That’s all,” Rayford Burton said as he returned to his chair.
“You’re excused,” the judge said. “I’d like to call Arlo Spitz.”
The deputy avoided the marshal’s eyes as he walked up and took the seat beside the judge’s table.
There was no jury. Judge Thompkins wasn’t about to put the fate of any man in the hands of wranglers whose loyalty could be bought for the price of a horse, or sometimes the promise of a job. Like all murder cases, this would be decided by the judge alone. And his word was right next to that of the Almighty.
When the oath had been administered, Judge Thompkins said, “Deputy, you’ve heard what Mr. McCabe said earlier. I’ll ask you the same question. Did you ever hear Mr. Winter threaten Mr. Jewel?”
“Maybe not in so many words. But when Winter found that the water had been dammed up above his land, and that only a trickle was spilling into his stream, he was mad as a wounded bobcat. I wouldn’t put it past a man with his temper to draw on an unarmed man.”
Rayford Burton was on his feet immediately. “And what makes you think Mr. Jewel was unarmed?”
Arlo choked. “Why, he was shot in the back, that’s why.”
The judge’s eyes narrowed. “Do you know something the rest of us don’t know, deputy?”
“We didn’t find Onyx Jewel’s gun. And everyone around here knows that Jewel always carried a gun and was the best shot in the territory. If he’d had his gun, there’s no doubt who would have been lying dead. That’s why he was shot in the back by that no-good, cowardly —”
The judge said dryly, “Thank you for your brilliant observations, Mr. Spitz. And now, if you don’t mind, I’ll ask you to step down. Unless, of course, Mr. Burton has more questions for you.” He turned to the young lawyer.
“No, sir. No more questions.”
“Then I call Ezra Constable to testify.”
The crowd glanced around in consternation. None of them had ever heard the name before. When the grizzled old Cookie stepped forward, there was a smattering of laughter.
“Is that not your name?” the judge asked.
“It’s the name I was given at birth,” the old man explained. “But I ain’t been called anything except Cookie for so many years, nobody knows me by any other.”
“All right. Cookie.” The judge rapped for silence. “How long have you known Onyx Jewel?”
“Twenty years or more. Started with him as a wrangler, until I busted my leg. Tended to it myself, but it healed crooked, and I couldn’t sit a horse without pain. So I took on the job of cooking for the wranglers.”
The judge said, “I have no questions for you. But Mr. Burton here wanted your name on the witness list. So I’ll let Mr. Burton ask his questions.”
Once more Rayford Burton crossed the room. “I understand you and Onyx Jewel fought the night before he was murdered. And you told him to find himself another cook.”
“Well, I...” The old man pulled a stained handkerchief from his pocket and nervously wiped it across his forehead. “I might have said something like that. But Onyx knew I didn’t mean it.”
“Do you often say things you don’t mean?”
“Yes. No. Hell!” The old man’s voice exploded. “Onyx wanted me to close up my chuckwagon and do my cooking in the main house. In the main house,” he thundered for emphasis. He turned to the judge to avoid Diamond, who was staring wide-eyed at him. “Do you know what it would be like for an old cowhand to give up the trail and be confined to four walls?”
“So you quit,” Rayford Burton said softly.
“Hell, yes, I quit. But just so Onyx would know how I felt. He knew I wouldn’t really leave him.”
“If he knew that, what good did it do to threaten?”
The old man stared at his gnarled hands. “No good. It was a foolish thing to do. But dammit, he hurt me.”
“And you wanted to hurt him back.” Rayford walked back to his seat, drawing out a long breath. “I guess shooting a man in the back would hurt him real good.”
“You don’t think...? You ain’t saying...?” The old man was speechless.
“You can step down now, Cookie,” the judge said. He glanced around the courtroom before saying, “I’d like to call Adam Winter.”
The crowd both inside and outside the courtroom became ominously still. Since most of them didn’t know the defendant, they had to base their information on rumors. And there were dozens of them. Rumors that Adam Winter was a professional gunslinger before retiring here in Hanging Tree. Rumors that he’d killed over a dozen men, and his poster hung in every sheriff’s office from here to New Mexico Territory. Rumors that he was hard-drinking, hard-fighting and hard-living. The people of Hanging Tree were eager to hear every word from this vile outlaw’s lips.
While the judge administered the oath, Diamond studied Adam Winter. Except for the dark growth of beard, his time spent in jail hadn’t seemed to affect him in the least. Despite the bound hands and feet, and the soiled clothes, he held his head in an aloof, almost arrogant, manner.
“On the day of his murder,” the judge began, “you argued with Onyx Jewel.”
“I did.” His voice when he spoke was as commanding as the judge’s. Firm, with no hint of an apology.
His dark, penetrating gaze skimmed the courtroom until it came to rest on Diamond. She felt pinned by that look until, flushing, she lowered her gaze. Damn the man. He reminded her of a sleek mountain cat, all sinew and muscle, afraid of nothing and no one. At this moment, she believed every one of the rumors about him. If someone was foolish enough to shoot at him, he’d probably catch the bullet in his teeth and spit it back.
“What did you argue about?”
“Cattle and water.”
The judge glowered at the defendant. “Would you care to elaborate, Mr. Winter?”
Even though Adam Winter turned toward the judge, he could feel Diamond Jewel’s gaze boring into him. Though he hated to admit it, there was something about those haunted green eyes that got to him. His hands fisted against the chains that bound him.
“Onyx Jewel and his foreman brought back a string of cattle that had wandered off my land. Onyx warned me that if any more of my cows crossed onto Jewel property, they would be considered his.”
“These cattle that wandered off your property, Mr. Winter. Had they been branded?”
Adam nodded. “They were.”
“Then, during roundup time, couldn’t they be culled f
rom the herd and returned to you?”
“They could. But Onyx Jewel was no fool. He said he didn’t build an empire by feeding other men’s cattle, and then returning them fattened for slaughter.”
“Were you angry when he threatened you?” the judge asked.
“Of course I was.” Adam Winter’s eyes narrowed. “I told him the cattle would never have crossed onto his land if his wranglers hadn’t dammed up the stream, leaving my section dry and my cattle desperate for water.”
“What did he say to that?”
“He claimed he didn’t know about any dam. When he asked his foreman, Cal McCabe said he didn’t know about it, either, and didn’t believe me. So I invited them to ride with me to see the damage that had been done to my stream.”
From her position in the front row, Diamond watched and listened. She could imagine her father’s anger at the suggestion that he would intentionally interfere with a man’s water supply. Out here, that was considered worse than being a horse thief. Onyx Jewel understood the importance of water better than most men. And why, she thought, bristling, would a man of her father’s stature need to worry about the small amount of water Adam Winter’s cattle would use? Why, he wouldn’t have a care about a man like Adam Winter. After all, the marshal had said Winter’s ranch wasn’t even worth bothering about. How could this liar even suggest that Onyx Jewel would stoop to such a cowardly act?
“After they saw your stream, Mr. Winter, what did Onyx Jewel say?”
“After seeing the evidence, Jewel ordered his foreman to see that the dam was destroyed and my water allowed to flow freely. In turn, I gave Jewel my word that I would contain my cattle.”
“Was he satisfied with that?” the judge asked.
“I’d say he was. Onyx Jewel and I shook hands and parted company.”
“And his foreman, Cal McCabe? Was he satisfied, as well?”
Adam Winter shook his head. “McCabe said he didn’t believe any of his wranglers had a hand in the building of that dam. They had no reason to. He suggested that I rigged the dam myself, to justify letting my cattle stray.”
“Was McCabe angry?”
“He was,” Adam said simply. “But I figured he and Onyx Jewel would work it out between them.”
Judge Thompkins turned toward the young lawyer. “Do you have any questions, Mr. Burton?”
Rayford stood and walked toward the defendant, forcing those in the courtroom to follow his movements. He wanted to draw attention to Adam Winter’s words. He stopped a few feet from Adam’s chair.
“So you and Onyx Jewel parted company on friendly terms.”
“We were far from friends. But at least we understood each other. And respected each other.”
Respect? Though the word jolted Diamond, she found herself wondering. Would her father have respected a man like Adam Winter? Onyx Jewel had often boasted that he’d built his empire from a single tract of inhospitable landscape and some scrawny cattle. His humble beginnings were much like Adam Winter’s. Her father would probably identify with a man like Adam. Still, she found herself rejecting the very idea that he would respect him.
Before she could continue that line of thought, she was interrupted by Rayford Burton’s next question.
“How many guns do you own, Mr. Winter?”
Adam’s eyes narrowed. “Two.”
The young lawyer lifted them from the judge’s table and held them aloft. “The marshal confiscated them the night he arrested you?”
“That’s right.”
“Would you tell me what they are, please.”
“A Remington six-shot pistol and a Sharp’s buffalo rifle.”
The lawyer glanced at the defendant. “That’s a lot of firepower, Mr. Winter. Were you expecting a war?”
Adam’s expression never altered. But something blazed in his eyes. “I’ve learned the hard way that it’s best to be prepared.”
The judge seemed to be paying very close attention.
“Did you fire either of these guns on the night that Onyx Jewel was killed?”
“I did not.”
Rayford Burton turned to the judge. “I have no more questions.”
“You can step down, Mr. Winter,” Judge Thompkins said.
The young lawyer turned to the group seated in the front row. “I’d like to ask Dr. Prentice a few questions.”
The town doctor, as round as he was tall, with a tiny black mustache that looked as though it had been penciled over his upper lip, strode toward the witness chair. The judge administered the oath and he took a seat.
“I have just one question, Doctor. It’s a simple one.”
The crowd strained to hear.
“You examined the body of Onyx Jewel. Could he have been killed by a bullet from either of these weapons?”
Cosmo Prentice examined each gun carefully, then handed them back to the judge. In his familiar nasal voice he said, “Not a chance.”
The crowd gave a collective gasp.
“The gun that killed Onyx Jewel was what I call a gentleman’s gun,” the doctor went on. “A small pistol that is worn in a man’s sleeve, by a gambler, perhaps, or carried in a lady’s handbag. It makes a very small wound in the flesh, both as it enters and exits the body. It’s only good for close range.”
“Thank you, Doctor. That’s all.” For the first time since the trial began, Rayford Burton felt his hopes rise as he returned to his seat.
The judge turned to the marshal. “Quent, you don’t need to take the witness chair. Just remember that you’re still under oath.”
The marshal nodded as he got hesitantly to his feet. He was already beginning to sweat.
“Did you search Adam Winter’s cabin and property for any other weapons?”
“We tore his place apart,” the marshal said with obvious pride. “If there was another weapon anywhere on that hardscrabble piece of land, I’d have found it.”
“So you don’t think the defendant could have concealed another weapon?”
“Well, now...” The marshal began to backpedal. “I didn’t say...”
“You said you tore his place apart.”
The marshal swallowed, then nodded.
The judge made a steeple of his hands. “Thanks, Marshal.” He glanced at the young lawyer, and the two exchanged a long, meaningful look.
Rayford Burton scraped back his chair and got to his feet. Despite his inexperience, he could see that the case against Adam Winter had just fallen apart.
“I ask, in view of the evidence, that you set this man free.”
A rumble of dissent rippled through the crowd. When the judge rapped for silence, the people shifted their attention to him.
“I must agree with Mr. Burton. Since neither of the guns belonging to Adam Winter could have possibly been used to kill Onyx Jewel, I have no choice but to declare this man not guilty.”
The crowd erupted into shouts. Several in the room cursed loudly at the judge’s verdict. They had, after all, come to see justice done. And in their eyes, justice meant a verdict of guilty, and a hanging in the afternoon.
“Are you saying you’re letting him walk free?” one man shouted.
Judge Bernard Thompkins rapped for silence. “That’s exactly what I’m saying.” He stood, knowing that his regal bearing and stern demeanor would have the desired calming effect. Enjoying the drama, he pointed a finger at the marshal, who looked as stunned and angry as the others. “See that this room is emptied, for the safety of the prisoner. Then unchain him. He’s free to go.”
Old Zeb Forrest pushed and shoved his way through the crowd until he was beside his friend. As soon as Adam’s hands and feet were unbound, he thumped him affectionately on the shoulder.
“I knew you’d beat this,” he muttered.
“Then you knew more than I did, old friend. Thanks for ignoring my wishes and sending for help.”
Adam turned to shake Rayford Burton’s hand. “I’m grateful. I can only guess how much work you dropped to come to
my aid. I owe you a mighty big favor.”
“No, sir,” the young lawyer said. “Consider this just a small payment for the debt I owe you. Besides,” he added with an embarrassed smile, “I’ve never participated in a murder trial before. I expected to be struck speechless. But the truth is, I felt more alive, more excited, than I can ever remember. Maybe, when I go back to Pennsylvania, I’ll consider becoming a trial lawyer.”
“If you ever decide to practice in Texas, you let me know,” Adam Winter said. “From the looks of this hostile crowd, I may be needing your services in the future.”
“Just ask. I’ll be here.”
The two men clasped hands again.
“Goodbye, sir,” Rayford said.
“Safe journey,” Adam murmured.
As Adam started to turn away, he felt fingers digging into his arm. He swiveled his head and found himself face-to-face with a furious Diamond Jewel.
“You think you got away with it, don’t you?” Her eyes blazed with little points of green flame. “Well, think again, Adam Winter. If the court won’t punish you, I will. I’ll hound you day and night. By day, you won’t be able to turn your back, or you’ll find my bullet in it. By night, I’ll see that you can’t even sleep. If you let down your guard for even a minute, I’ll make you pay for what you did to my father.”
Though Adam remained icy calm, a fire came into his eyes, turning them from silver to smoke. A little muscle began working in his tightly clenched jaw. His fingers closed around her arm, and she felt the carefully controlled strength in him. It frightened her. But when she tried to back away, he dragged her close.
The moment he touched her, he felt a flare of heat and blamed it on his temper. His voice was a low rasp of fury. “Don’t threaten me, Miss Jewel. And don’t try to back me into a corner. If you do, you won’t like what you find.”
Though she trembled beneath his touch, she lifted her head defiantly. “I’m not afraid of you.”
“You should be, Miss Jewel.” He drew her fractionally closer, and she found herself staring into fathomless eyes. Then her gaze lowered to his lips, and she watched, mesmerized, as they curved into a dangerous smile. He caught her roughly by the shoulder.