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An Eye for an Eye

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-2-

 

Three days later, Doctor Johnson conducted his tests and confirmed that Heyes was no longer in any danger from the damage to his liver and kidneys. It was just a case now of resting up until his ribs healed and the bruising and stiffness diminished.  He released him from his care with a warning to take things easy for at least another couple of weeks before undertaking any travel.

 

Fortunately, Curry had been frugal with what cash they’d had and had enough to pay the medical bill and still have a little left over to pay for the hotel room and food.

 

“Thanks for all your help, Doc.”  Heyes shook his hand, as he prepared to take his leave.

 

“Just doing my job.” Doctor Johnson smiled as he escorted him and Curry to the door,  “You take things easy now.” he cautioned, “You’re lucky not to have been as badly injured as you could have been, but you still need to rest up.”

 

Heyes smiled and turned to leave.

 

“Thanks, Doc.”  Curry shook his hand and followed Heyes outside.

 

Heyes paused on the step, raising his face to the sun and breathing in the fresh air.  After two weeks of being cooped up in the doctor’s surgery it felt good to be outside, a bit like getting out of prison. The thought bolstered his resolve to stick with their quest for amnesty.  Hard as it was, it was better than the thought of spending twenty years in jail.

 

Curry eyed him with a smile, knowing what he was thinking.

 

“Come on.” he said, leading the way across to the hotel.

 

Heyes followed him slowly, still stiff and in pain from all the bruising to his body.

Their room was on the upper floor and negotiating the stairs left him feeling shaky and breathless after two weeks of being bedridden.

 

Curry looked at him with concern as he sat down on one of the beds, to get his breath back.

 

“I’m not sure that Doctor Johnson should have let you out so soon.”

 

“It’s alright… There’s nothing else he can do for me now.  It’s just a case of waiting for the bruising to go and building up my strength.”

 

Curry looked doubtful,  “I don’t think you’re up to going to find the girl,” he said now, “I think I should go alone.”

 

“No!” Heyes said firmly,  “Give me a couple of days and I’ll be good to go.”

 

Curry gave him a withering look, but said nothing.

 

 

 

The couple of days grace that Heyes had asked for passed by and he was still not fit enough to ride a horse.

 

Curry was getting frustrated, wanting to get going on the quest to solve the mystery of the attack on Mary Gardner. He tried again to persuade Heyes to let him go alone but Heyes insisted that he would be ready to travel in another two days time.

 

Curry contemplated leaving in the middle of the night, while Heyes was asleep, but knowing, if he did, Heyes would follow him, fit or not, he reluctantly agreed.

 

And so, two days later, they checked out of the hotel and after picking up their horses from the livery and collecting the balance of the cash agreed for the wagon, they headed southwards, back towards El Paso.

 

Heyes had made a big show of it, walking blithely to the livery and mounting his horse with no obvious pain.

 

Curry wasn’t convinced. Knowing Heyes as well as he did, he suspected he was putting on an act, and, as the day progressed, his suspicions were proved to be correct.

 

Gradually, Heyes had slowed his horse to a walk, claiming he wanted to enjoy the sunshine, but in reality was in considerable pain as the movement of the horse trotting jarred his damaged ribs.

 

Noting his strained expression, Curry suggested they stop for lunch. Heyes readily agreed, sliding off the horse and walking stiffly across to join Curry.

 

“Not as fit as you thought, huh?” Curry smiled.

 

“I’m alright.” Heyes said, unsmilingly, carefully lowering himself to sit on the ground with a wince of pain.

 

“Good job we aint got too much further to go,” said Curry as he fixed them a lunch of cold meat and biscuits, “I don’t think you’re quite ready for sleepin’ out on the ground.”

 

“What do you mean?” Heyes looked puzzled.  El Paso was a good four days ride, with not much in the way of civilisation in between.

 

“We’re headin’ to Deming.   Should be there by sundown.”

 

“Deming?  What for?”

 

Curry tapped his nose in a clandestine fashion, “That’s for me to know and you to find out.” he teased.

 

Heyes stared at him. 

 

“What did Briscoe tell you?” he asked presently.

 

Curry merely smiled and shook his head.

 

Heyes thought for a while, trying to work it out.

 

“The girl… you must have found out her name for Briscoe to look into it…”

 

Curry merely raised an eyebrow.

 

“I guess the brother must have told you…” said Heyes, thinking out loud.

 

Still Curry said nothing.

 

“Kid!” growled Heyes, exasperated at not being in on Curry’s plan.

 

“I aint tellin’ you nothin’, Heyes.” Curry said now,  “I told you, it’s too dangerous for you to go nosin’ around in case someone mistakes you for this other guy so, the less you know, before you need to, the better.”

 

Heyes scowled at him, frustrated. He was the one who did all the planning and he felt helpless, not having any idea what Curry’s plan was.

 

Curry saw his expression and grinned, enjoying the rare chance to direct proceedings.

 

Their lunch finished, they mounted up and set off again. Heyes tried to keep up the pace so that they could reach Deming before nightfall but, as the afternoon wore on, he found it increasingly difficult to maintain his ‘I’m perfectly fine’ charade and he was practically dead on his feet when they arrived.

 

Instead of going first to the livery to drop off their horses, Curry suggested they should go straight to the hotel, to save Heyes the walk. Heyes didn’t protest.

 

Stopping outside the hotel, they went in to book a room and took their belongings upstairs.

 

Aching all over, Heyes moved to sit on the edge of one of the beds, unable, for the moment, to keep on his feet.

 

Seeing the pain and exhaustion in his face Curry said, “I’ll go and take the horses to the livery.”

 

“Thanks, Kid.” said Heyes, gratefully.

 

“When I come back, we can get cleaned up and nip out for some supper?” Curry suggested.

 

“Sure thing.”  Heyes gave him a weary smile.

 

As Curry left the room, Heyes lay back on the bed, intending just to rest for a few minutes before getting cleaned up but, when Curry returned, twenty minutes later, he was sound asleep.

 

He stood looking down at him, one arm thrown above his head, the other wrapped protectively around his abdomen, his face pinched with fatigue, and shook his head.  He had to admire Heyes’ spirit, in attempting this journey when they both knew he wasn’t ready. He just hoped it didn’t set him back. Doctor Johnson had strongly discouraged him from travelling for another couple of weeks, obviously for good reason.

 

Taking a blanket from the other bed, he covered him with it and then quietly set about getting cleaned up before heading across to the restaurant for supper, leaving Heyes to sleep.

 

 

After his supper at the restaurant, Curry headed over to the saloon.  He didn’t go straight in, but hovered outside peering over the top of the batwing doors, scanning the clientele, looking for a familiar face.

 

On not seeing one, he entered the saloon where, after getting himself a drink, he took up a seat in a corner of the room, from where he could see the door, and settled down to wait.

 

Briscoe’s information had said that Jake and Eric Gardner had left El Paso shortly after being released from prison. As Heyes and himself had been ambushed shortly after leaving Deming it seemed likely that they had followed them from here, leading Curry to suspect that this was where they were now living, especially since Gardner had commented that he had been watching them during their three day layover in the town. That being the case, one of them was likely to show up in the saloon at some point and, when one of them did, Curry planned to be waiting.

 

He sat there for a couple of hours, and was just starting to consider calling it a night when, suddenly, the batwing doors swung open, and Jake Gardner walked in.

 

Curry watched as he headed to the bar to get a drink before moving to chat to a group of men, none of whom Curry recognized.

 

After chatting to the men for fifteen minutes or so, Gardner moved to join in a poker game going on at the other end of the room.

 

Curry sat watching the game, noting that Gardner was not a particularly good player and seemed to be losing more than he was winning. He guessed that before long, Gardner would have lost most of his money and would then probably call it a night and head home.

 

Finishing his drink, Curry quietly left the saloon and took up a position at the side of the building, to wait for Gardner to leave.

 

It was well after eleven when Gardner finally exited the saloon and, stepping off the boardwalk, headed off up the street.

 

Quietly, keeping to the shadows, Curry followed, not wanting to approach until they were in a quieter area.

 

Gardner passed the hotel and then turned the corner into a quieter street.

Here, Curry seized his opportunity. Crossing to the other side of the street, he pulled his hat low and turned his coat collar up and increased his pace to get ahead of Gardner, hoping he wouldn’t be suspicious of another stranger heading the same way as him.  Fortunately, after a number of whiskey’s Gardner’s senses had been dulled enough that he didn’t notice the stranger go quietly past him in the shadows on the other side of the street.

 

Once he’d gained enough distance, Curry turned left at the next corner he came to and, drawing his gun, waited.  As he heard Gardner’s footsteps approach, he appeared from around the corner, gun in hand.

 

Gardner stopped in his tracks when he saw the pistol aimed at him, and raised his hands.

 

As Curry lifted his head to look at him, recognition lit in Gardner’s face.

​

“You!” he gasped

 

“I told you that you hadn’t heard the last of it.” Curry said, his tone menacing.

 

“Wh-what are you gonna do?” gasped Gardner, his eyes full of fear.

 

“Well, that all depends on you.”

 

“Me?”

 

Curry nodded, “On what choice you make… You can try and run away, in which case…” Curry mimed firing a shot at him, “Or, you can come along quietly, and take my friend and I to your sister, so she can confirm that it wasn’t him who attacked her, in which case you get to live a little longer. Maybe.” he added, as he contemplated what Heyes might do to him after his sister cleared him.”

 

Gardner stared at him, trying to decide how serious he was about shooting him if he ran.  He obviously didn’t know where his sister was or he wouldn’t need his help to find her, in which case shooting him would be counter-productive.  But, as he looked into the man’s menacing blue gaze, he was unwilling to put his threat to the test.

 

Just as he opened his mouth to reply, there was a click from behind him and out of the shadows stepped Hannibal Heyes, his gun aimed directly at Gardner’s chest.

 

“You!” Gardner gasped.

 

Curry was equally as surprised as Gardner to see his partner appear out of the shadows, not having heard any sounds of approach.

Heyes gave Gardner a malevolent smile that didn’t reach his eyes, which glittered with a fury that even Curry had rarely seen.  His hand gripped his gun firmly, his finger tense on the trigger, and Curry was concerned that he meant to kill Gardner.

 

“Joshua…” he said quietly, his tone cautionary.

 

Heyes briefly flicked his gaze to Curry, who shook his head.

 

“Don’t…” he said softly. Aside from the fact that Heyes disliked violence and had never killed anyone, if he were to kill Gardner now not only would that put their chance for amnesty at risk but Curry knew that Heyes, in the cold light of retrospection, would never forgive himself for committing a cold blooded act of murder. 

 

For a long moment, nobody moved.  Gardner trembled with fear at the murderous look in Heyes’ eyes while Curry held his breath as he watched Heyes struggle with the dilemma of whether or not to pull the trigger.

 

In a sudden move, he released the trigger and thrust the gun angrily at Curry, slamming it against his chest, Curry just managing to catch it before it fell to the floor.  Both Curry and Gardner gave mental sighs of relief, albeit for different reasons.  Then, before either had chance to take stock, Heyes turned and swung a hefty blow to Gardner’s jaw that sent him sprawling to the ground, dazed.

 

He stood over him, his fists clenched, and Curry could tell he was contemplating whether to give Gardner the same treatment that he had given to him.

 

“He’s not worth it, Joshua… Leave it…” Curry said quietly, hoping Heyes would heed his words.

 

As he watched, he saw Heyes' fists unclench, and his fury release in a shuddering sigh. He could tell he was still angry, but the irrational fury that had temporarily possessed him had subsided.

 

“We need him, to take us to his sister.” Curry said now, trying to focus Heyes’ attention on the matter in hand.

 

After a moment, where Curry could see him trying to bring some rationality to his thoughts, he nodded.  Curry breathed a sigh of relief.

 

“Let’s take him back to the hotel.” he said now, returning Heyes' gun to him.

 

He bent to haul Gardner to his feet, removing his gun from his holster and putting it in his own. Then, holding tightly to one arm, he put his own gun under Gardner’s jacket and pressed the barrel into his back and then marched him back towards the hotel, Heyes following a few paces behind, his dark eyes full of malevolence.

 

“Not a word.” Curry warned him as they entered the hotel and headed upstairs, trying to make it look like they were three friends having been out for the night.

 

Once inside the room, Heyes crossed to the window and stood with his back to them, looking out, still too angry to even look at Gardner.

 

“Help me tie him up.” Curry instructed, unwilling to put his gun down until Gardner was safely secured.

 

Heyes mentally shook himself and got some rope from their belongings.  Curry pushed Gardner down onto a chair and Heyes began to tie his hands and feet to it.

 

Once he was securely tied, Curry gagged him with his bandana.

 

“I don’t want to hear a peep out of you.” he told him, “Not if you value the lives of your brothers and your sister. Do you understand?”

 

Gardner scowled at him but gave a nod of compliance.

 

“Right.  We’ll set off for El Paso tomorrow.” he told them.

 

Now that Gardner was securely tied up, Heyes turned, abruptly, and left the room without a word.”

 

With a glower at Gardner, to warn him to heed his words about not making a sound, Curry followed, locking the door and heading downstairs after him. 

 

He found him outside, his hands spread on the railing at the front of the hotel, staring blankly ahead, his expression unreadable.

 

Curry moved to stand alongside him.  Heyes didn’t acknowledge his presence.

 

Presently, Curry said, “How did you find us?”

 

Heyes gave a deep sigh.

 

“I woke up.  It was dark.  You weren’t there, so I guessed you’d gone out to get supper.  I looked out of the window and saw you come out of the saloon and go around the side.  I wondered what you were waiting for… then I saw him… I saw you follow him… I was worried… so I followed behind…”

 

“He said his sister is in El Paso, but Briscoe couldn’t provide the whereabouts so we need him to take us to her.” Curry explained.  “Their family are from El Paso but he and his brother, Eric, went to prison for a while, for cattle rustlin’, and afterwards they moved away.  Briscoe couldn’t say where to, but, when they ambushed us, I remember Gardner saying that he had been watching you while we were here, so I guessed he might be living here. I decided to hang out at the saloon.  If he was living here, it was a sure bet he’d turn up there sooner or later.  Luckily, it was sooner.”

 

“Gardner.” Heyes said presently, “That his name?”

 

Yeah, Jake Gardner.  The other guy that was with them, Eric, is his brother.  Their eldest brother, Michael, is in El Paso and I guess the sister, Mary, is with him.  Briscoe said that when they went to court for cattle rustlin’ Michael wouldn’t stand up for them, so I guess they either fell out over it, or maybe they chose to move away to spare the family name or somethin’.”

 

“I can’t imagine him wanting to spare anyone’s reputation.” growled Heyes, “More likely they threw ‘em out.”

 

“Dunno.” said Curry, “But he knows where they are, so we need him to take us there... Preferably in one piece.”  he added, glancing across at Heyes, who was still staring out into the darkness,  “Are you O.K. with that?” he asked anxiously. Even though Heyes wasn’t, by nature, a violent man, preferring a words rather than war approach to conflict, it didn’t mean that he wasn’t capable of violence if circumstances dictated it. Curry knew only too well the darkness he kept buried deep within him, since the murder of their parents while they were still children, and what he was capable of when crossed, or his sense of justice and fair play were affronted, and was concerned, given the treatment he’d received at Jake’s hands, and the reasons behind it, that Heyes was struggling to contain that darkness and that it might explode, unpredictably, into violence.

 

Heyes said nothing for several minutes, as he wrestled with his emotions.

​

Presently, he bowed his head and let out a sigh, before giving a nod.

 

Curry reached out to put a comforting hand on his shoulder.

 

“Come on then, let’s get some sleep.” he said, steering him back inside the hotel, praying that Heyes would indeed be able to keep a lid on his anger and resentment towards Jake, and Mary’s attacker, until, if, they were able to clear his name.

 

*    *    *

 

They set off for El Paso shortly after dawn the next morning, before there were many people around who might spot their departure. 

 

Curry first went out to get a horse for Gardner to ride and to collect their own.

 

On his way back, with all the horses, he stopped off at the front desk to pay the hotel bill so that they could leave without any delay.

 

They untied Gardner and ushered him downstairs in the same fashion they’d  brought him in the previous night, with Curry’s gun pressed surreptitiously to his back.  He had stored Gardner’s gun in his own saddlebags for the time being, as an extra precaution.

 

Once mounted up, Curry and Heyes flanked Gardner’s horse, to prevent him making an escape, and they rode sedately out of town.

 

Once out of sight of the town Curry had tied Gardner’s hands behind his back and then led his horse, just to make sure he didn’t try to make an escape.

 

Heyes moved to ride a few yards off to the side of Curry, not wanting to be anywhere near Jake Gardner.

 

They rode until midday, mostly in silence.  Gardner was wary of risking any retribution from his captors, and Heyes was busy with the combined effort of trying not to look as uncomfortable in the saddle as he felt and to keep his desire to beat Gardner to a pulp under control. Curry, seated in between them was afraid to antagonize either, and so made little attempt at conversation.

 

At midday, they stopped by a narrow stream to give the horses a chance to drink while they ate.

 

Curry untied Gardner and signalled for him to dismount and to sit down on the ground, while Heyes went to refill their canteens.

 

They ate a brief lunch of cold meat, biscuits and fruit, before Curry told Gardner to get back on his horse and tied his hands behind him. Then they set off once more.

 

By the time they made camp that evening, the atmosphere was strained and Curry wasn’t relishing another three days of travelling in virtual silence.

 

After they’d eaten, Curry tied Gardner up securely for the night.

 

Heyes, tired and in pain after a second day in the saddle, rolled out his bedroll and in minutes was asleep.

 

Curry sat for some time, watching them both and wondering what was going to happen when they reached El Paso.

 

*    *    *

 

It was early evening on the fourth day of travelling when they arrived in El Paso.

All of them were weary, not only physically, but mentally too, after the laborious journey in virtual silence.

 

Curry decided they should get a hotel room for the night rather than have Gardner take them straight to his sister, so that they could be fresh for whatever the meeting might bring. He himself was weary, not only from the travelling but also because of the strained atmosphere that had perpetuated the journey, Heyes having virtually retreated into himself and Gardner sullen and uncommunicative. Heyes looked exhausted, the long journey having taken its toll on his battered body, so a night in a hotel bed would do him, and Curry too, the world of good.

 

Curry went in to book a room while Heyes waited outside on their horses with Gardner.

 

Once again, they ushered him up to the room with Curry’s gun pressed surreptitiously to his back and after giving him the last of their food, for supper, they once again tied him up and gagged him.

 

Curry suggested he and Heyes go over to the restaurant across the street, to get themselves a cooked meal but Heyes, aching and feeling nauseous after another day in the saddle, declined, so Curry left him to it and after taking their horses up to the livery he went to the restaurant alone.

 

After his supper, he went over to the saloon, feeling in need of a drink, not just to wash the travel dust out of his throat, but to sooth his jangled nerves. The last four days hadn’t been easy, on any of them, and he felt the need to relax for a while and prepare for whatever tomorrow would bring.

 

When he got back to their hotel room, Heyes and Gardner were both asleep.

​

With a sigh he undressed an got into bed and in minutes was asleep himself.

 

 

 

Early the next morning, Curry took Heyes over to the town’s newest Bath House and paid for them to get hot baths and a shave and get their clothes laundered, to make themselves presentable after four days on the road.

 

Afterwards, they went back to the hotel to release Gardner and then took him over to the restaurant with them for a late breakfast.  Personally, Heyes would have preferred to let him starve but had acknowledged that they needed to keep him in relatively good shape if he was to show them where his sister was and so didn’t object when Curry suggested they pay for his breakfast for him.

 

They sat at a corner table and Curry made sure Gardner was closest to the wall and then sat down next to him.  Heyes sat opposite Curry.

 

“How far is it to where your sister is?” Curry asked Gardner as they ate.

 

“About four miles west of town.” Gardner reluctantly replied.

 

“Good.  Shouldn’t take us too long to get there then.” Curry glanced across at Heyes, but his gaze was fixed somewhat apprehensively on his plate.

 

They finished eating and headed to the livery to get their horses.

 

“O.K.  Lead the way.” Curry told Gardner.  They hadn’t tied his hands now that they’d arrived in town, but Curry still had his gun and Gardner knew, if he tried to make an escape, they would run him down, so he turned his horse and set off at a slow trot in a westerly direction.

 

Exchanging glances, Curry and Heyes followed.

 

Half an hour later, Gardner slowed his horse to a stop.

 

Curry and Heyes brought their horses alongside and followed his gaze to a ranch half a mile ahead.

 

“Is that it?” asked Curry.

 

Gardner nodded,  “That’s my brother’s ranch.”

 

“And that’s where your sister is?”

 

Gardner nodded again, his expression hardening as he remembered why they were here.    Over the past few days, on the trail, he’d had to admit that neither of these guys seemed like the type of person who would do that to a woman.  After what he’d done to the one who called himself Smith, if it had been him, he would have taken his revenge on him, but, despite the anger he could sense in him, Smith had kept his council and, apart from the night they’d captured him, he hadn’t laid a finger on him.  But he did fit the description of the guy who had attacked his sister and he too was keen to see what his sister would say when she saw him.  If she would see him.  What he would do if she confirmed that he was indeed her attacker, he hadn’t yet considered, but he was certain that he wouldn’t leave the ranch alive.

They headed on to the ranch and rode up the driveway at a walk.

 

As they neared the house, the door opened, and a sandy haired man stepped out and watched them approach, his hands on his hips.   Curry observed the gun he was wearing and exchanged uncertain glances with Heyes.

 

“What brings you here, Jake?” the man said now.

 

“Nice to see you too, Mike.” Gardner gave him a sardonic smile. Then, turning to Curry and Heyes, he said, “My brother, Michael Gardner.”

 

Curry and Heyes tipped their hats.

 

“This here is Mr. Smith and Mr. Jones.” he introduced them.

 

“Well, Mr Smith, Mr. Jones, what can I do for you? Does my brother owe you money or something?”   It was obvious that Michael Gardner did not have an overly harmonious relationship with his brother.

 

“Well, Mr. Gardner,” said Curry, “it’s a little delicate.  May we talk inside?”

 

“Not until you tell me what it’s about.”

 

“It’s to do with Mary.” Jake said now.

 

Michael Gardner looked the men up and down before saying, “Very well.  Come inside.”

 

They all dismounted and Jake preceded them into the house and through to a comfortable living room on the right hand side of a large entrance hall.

 

“Go on.” said Michael.

 

“Well,” Curry began, “a little over three weeks ago, your brother here, and some of his friends, ambushed us on our way to Silver City, claiming that my friend, Mr. Smith, was the person who attacked your sister, Mary.” he waved a hand towards Heyes.

 

Michael’s gaze switched to Heyes, who looked uncomfortable under his penetrating stare.

 

“Admittedly, the description he gave did sound a lot like my friend, but, I’m afraid your brother got it wrong.  He isn’t the man who attacked her.”

 

“You have proof? Or an alibi?” growled Gardner.

 

“No. That’s why we’re here.  My friend didn’t have any proof that he was innocent, but your brother didn’t have any proof, either, that he was guilty, other than a third party description, yet he took his revenge on Mr. Smith, and beat him to within an inch of his life.”

 

“Is this true?” Michael glared at his brother, who lowered his gaze and gave a vague nod of his head.

 

“What he should have done was bring us here to see your sister and let her confirm or deny it.” said Curry,  “It’s taken until now for my friend to recover enough to travel, so we tracked down your brother and forced him to bring us here, so we can establish the truth.”

 

Michael contemplated Curry’s words.

 

Presently, he said, “My brother and I… don’t always see eye to eye… “Curry took that as a reference to his prison term for cattle rustling, “But, we all love our sister very much… I can understand his reasons for attacking you,” he looked at Heyes, “but I don’t condone it. Unfortunately, his temper all too often gets the better of him, which does sometimes cause… problems.” He stared pointedly at Jake who averted his gaze.

 

“So, may we see your sister?” Curry asked now.

 

Michael stroked his chin, thoughtfully. He couldn’t imagine this man Smith would dare to show his face here if he was guilty, knowing what would be likely to happen to him, so it seemed only fair that he should get a chance to clear his name.

 

“I’ll see if I can persuade her to speak to you.” he said presently, “Since… the incident… she doesn’t meet people…”

 

“We understand, but, as you can imagine, we’d like to settle this once and for all.” said Curry, glancing across at Heyes who looked both nervous and embarrassed.  Nervous of what Mary Gardner might say, and embarrassed to have anyone think he had done such a thing.

 

“Please, wait here.” said Michael, leaving the room.

 

As he left, Jake sat down on the sofa, putting his elbows on his knees and clasping his hands between them, deliberately avoiding Heyes and Curry’s gaze. Heyes moved to the side of the doorway, not wanting to be immediately visible when, if, Mary Gardner came into the room. Curry moved to stand to the side of the sofa from where he could watch Jake, Heyes and the doorway simultaneously.

 

None of them spoke as they waited.

 

Minutes passed and the atmosphere in the room grew tense.  What if she refused to see them, Curry wondered apprehensively.  He looked across at Heyes, who he could tell was having exactly the same thoughts.

 

Sensing his gaze Heyes met his eyes. Curry gave him an encouraging smile.  Heyes didn’t reciprocate.

 

Almost ten minutes had gone by when they heard a door open and close and two sets of footsteps head towards them. Jake got to his feet.

 

Michael Gardner came into view in the hallway, his arm around a young woman, who he steered into the room.

 

She looked to be aged around twenty with long red hair which was pulled back and tied at the nape of her neck. Her body seemed hunched, as she walked into the room, wringing her hands, her gaze lowered.  The partially faded remains of a cut stood out on her right cheek, and another across her forehead. Curry noticed she was barefoot beneath her grey linen dress. Her whole demeanour was like that of a frightened deer.

 

Jake approached her and cupped her hands with his two.  “Hello, Mary.” he said quietly.

 

Mary muttered a faint hello, without looking up at him.

 

Curry felt his throat tighten, as he looked at her, to think what that man had reduced her to.  A young, pretty girl with her whole life ahead of her, now a physical and emotional wreck.   He didn’t dare look at Heyes, afraid to see his feelings, or reveal his own.

 

“Mary,” Michael said now, “I want you to look at this man and tell me if he was the one who hurt you.” turning her to face Heyes. 

 

Everyone stood, frozen, as they waited for Mary to act.

 

At first, she continued to look at the floor, but as Michael squeezed her shoulder comfortingly, she slowly lifted her eyes to look at Heyes.

 

Heyes stared at her, a mixture of emotions apparent in his eyes; sorrow, and anger, for what that man had done to her, but, predominantly, fear, that her memory of events might not be clear enough to be sure and that she might condemn him regardless, in which case he would be a dead man.

​

Mary seemed at first fearful to look closely, perhaps expecting, and afraid, to see the face of her attacker. But, as Michael gently squeezed her shoulder and said encouragingly, “Take your time.” she focussed her gaze on his face and then looked intently into his eyes.

 

Heyes wanted to look away but didn’t dare.  He held her gaze, and his breath, as she shifted her eyes to take in the rest of his face, his hair, his build.

 

“What’s your name?” she said presently, her voice barely a whisper.

 

“Joshua Smith.” said Heyes, still holding her gaze.

 

After what seemed like an age, she lowered her gaze and said quietly,  “No.  It’s not him.”

 

“Are you sure?” asked Michael,  “Don’t be afraid to say, if it is.”

 

Mary nodded,  “I’m sure…  His voice was different… and that wasn’t his name…”

 

Heyes closed his eyes, his shoulders sagging as the tension left his body in a heavy sigh.

 

Curry let out the breath he hadn’t realized he was holding.

“Thank you.” he said, on Heyes’ behalf, but Mary wasn’t listening, her mind once again reliving that terrible night.

 

“What was his name?” Jake asked now.  She had barely spoken since the attack and had never uttered the man’s name.

 

It was several moments before Mary whispered, “Smallwood.” beginning to tremble at the mere mention of it.

 

“Come along.” Michael, seeing her distress, steered Mary back towards whatever room she’d been in, while Jake sat down heavily on the sofa only now beginning to comprehend the consequences of his actions.

 

Curry crossed to stand by Heyes, who was staring bitterly at Jake. Curry could feel him trembling as he stood alongside him, whether from relief or anger he wasn’t sure.

 

“Are you satisfied now?” said Heyes, his voice hard.

 

Jake, his head bowed, gave a vague nod, just as Michael came back into the room.

 

“Then don’t you have something to say to me?”  Heyes demanded.

 

Curry and Michael both turned to look at Jake.

 

“Well, if he doesn’t, I do.” said Michael,  “Our family wasn’t raised to behave with such… barbarism.” He looked at Heyes now, “I can only apologize for what you’ve been through.”

 

But Heyes was unheeding of his words as he stared angrily at Jake.

 

Seeing that the words meant nothing coming from him, Michael turned to look at his brother.

 

“Jake?” he said sternly.

 

Slowly, Jake lifted his gaze to meet Heyes’.

 

“I’m sorry.”

 

Heyes continued to hold his gaze, until, discomfited, Jake lowered his, at which point Heyes turned on his heel and headed towards the door.

 

“Thank you for your help.” he said quietly to Michael, before leaving the room without a backward glance.

 

“Yes, thank you for your help, Mr. Gardner,” said Curry. Then, with a grim look towards Jake, “I’m sorry it had to come to this.”

 

“So am I.”

 

“This isn’t over.  Joshua – Mr. Smith, and I won’t rest until we find the real culprit.”

 

“I hope you do,” replied Michael, “for all our sakes.”

 

Curry tipped his hat and headed outside.

 

Heyes had crossed to where they’d tethered their horses, and was standing by his horse, stroking its muzzle, his forehead pressed against the animal’s neck.

 

“Are you O.K?” Curry asked quietly.

 

It was a long moment before Heyes nodded.  In truth, he had never felt as afraid in his life as he had just now, as he’d waited for Mary Gardner to say the words that might condemn him, not even when Jake was beating him to a pulp in the belief that he was the culprit.

 

“I told Michael it’s not over,” Curry said, “that you, we, won’t rest until we find the real culprit.”

 

Heyes nodded,  “She deserves that at least.”

 

Curry couldn’t dispute that.

 

Putting a hand on Heyes’ shoulder, he gave it a reassuring squeeze, “Come on,” he said, “Let’s get out of here.”

 

They mounted up and headed back into town to their hotel.

 

*    *    *

Heyes was quiet for the remainder of that day, as he tried to process his feelings about the events of the last three weeks.  Curry didn’t intrude, knowing he had to work through his feelings on his own, but stayed quietly by, a supportive presence in the background.

 

At sundown, Curry suggested they go out to the restaurant for supper.  He half expected a refusal, since Heyes hadn’t been in the mood for socialising since leaving Red Rock, and was pleasantly surprised when he readily agreed. His mood seemed a little brighter than that morning and they exchanged casual banter over their meal.

 

They decided they would stay in El Paso for a while, in the hope of finding some leads to Smallwood.  At least, now they had a name, they had a starting point, and staying a while in El Paso would give Heyes a chance to rest and allow his body to fully recover from the pounding it had taken, not only from Jake but also during the past few days on the road.

 

They were aware that Smallwood might, like their own, be an alias name, but armed with that and a physical description, they hoped they might find someone who knew him.

 

There were fifteen or so saloons in El Paso, so making enquiries around all of them took quite a bit of time.  It also gave Heyes an opportunity to play poker to provide enough money to pay for their hotel and food.

 

After a month of doing the rounds, they had only two vague leads, one from a client of the Gem Saloon and the other from the Acme.  Neither recognized the name Smallwood but both recalled having lost money at the poker table, at different times, to a man fitting his description. It appeared that Smallwood left enough time between visits to the town that people had either forgotten him, or else moved on.

 

They decided to stake out both saloons, on alternate nights, in the hope that their quarry would eventually turn up there.

 

“Heyes,” Curry said, one night, as they were eating supper in the restaurant.

 

“Hmm?”

 

“What are we gonna do, you know, if Smallwood does eventually turn up?”  He had been pondering on that for a few days now, and not coming up with any ideas.  Not any that wouldn’t get them put in jail anyhow.

 

Heyes shrugged. “Dunno.  I haven’t thought that far ahead.”

 

Curry didn’t believe him.  The secret to Heyes’ success as an outlaw had always been the time he spent forward planning, thinking of every possible snag that might arise and a way around them.  It wasn’t conceivable that he wouldn’t apply the same tactics in regards to Smallwood.

 

“I know you better than that, Heyes.”

 

Heyes picked up his glass of beer and met Curry’s eyes over the top of it.

​

“Honest, Kid, I really haven’t.” he said, before taking a sip of the beer,  “We don’t even know if he’ll turn up here, and if he does he might go to a different saloon each time and we might miss him if we’re in one of the others.  When, if, we find him… I’ll think of something then.”

 

Curry studied him.  Heyes wasn’t in the habit of lying to him but he knew he was lying now.  Not about the possibility of missing Smallwood if he did turn up - that was a given - but about not having made any kind of plan.

 

“I hope you’re not thinking what I think you’re thinking.” he said now.

 

“And what’s that?”  Heyes raised a questioning eyebrow.

 

“I hope you’re not thinking of killing him.”  That thought had pushed its way into his mind more than once this past few days and he was worried.

 

“That would finish our chance for amnesty,” said Heyes.

 

“Uh-huh.”

 

“And send me to the gallows.”

 

“Uh-huh.”

 

“Do you think I’d be that stupid?” Heyes stared levelly at him.

 

Curry studied his face.

 

“Normally, I’d say no.” he said presently.

 

“So you don't think I’m behaving normally?” Heyes questioned.

 

“Stop tryin’ to run rings around me.” growled Curry, knowing he was trying to evade the subject.

 

Heyes sighed, heavily,  “I’ve been running a lot of ideas through my head,” he admitted, “but until, if, we find him, I really don’t know how I’m gonna play it.”

 

“We.” Curry said now.

 

“Huh?”

 

“We.  Not you.  I know you think this is all on you, but I’m in this just as much as you are.”

 

Heyes’ face broke into a smile,  “Thanks, Kid. But I don’t want you getting hurt, or killed, over this.  You’ve risked enough already, seeking out Jake Gardner and forcing him to bring us to his sister.  You know, don’t you, that there was a risk she might not have remembered that night clearly enough to be sure and said it was me whatever, and if that had happened there would have been bloodshed, mostly likely yours as well as mine.” He shook his head, “I don’t want you risking your life over this.”

 

“So, you’re gonna keep me in the dark about your plans?”  said Curry.

 

Heyes gave him a devious smile,  “Same as you did with me, when we left Red Rock.”

 

“That’s not the same thing and you know it.”

 

“I know, Kid.”  Heyes’ expression became serious once more,  “Don’t worry, O.K?”

 

Curry gave him a withering look.  He was worried, but Heyes obviously wasn’t going to discuss it, so he let the subject drop.

​

*    *    *

 

Ten days later, they arrived at the Acme saloon, after supper, for their usual stakeout.  It was a Friday night, and the saloon was busy.

 

They pushed their way to the bar and Heyes tried to attract the bartender’s attention, to order their drinks, while Curry idly scanned the room.

 

His eyes roamed nonchalantly across a group of poker players at a table in the corner. Then, suddenly, he did a double take as he saw a new face at the table, a face that caught his eye because it looked familiar.  On the second glance, he knew why.

 

He grabbed Heyes’ forearm so sharply, Heyes almost dropped the glass of whiskey he’d just picked up to hand to him.

 

“What?” Heyes asked, his expression somewhat perplexed.

 

“Look!” Curry nodded towards the poker players.

 

Heyes turned to look, his eyes growing wide in astonishment, before turning back to meet Curry’s gaze.

 

“It has to be him, surely?” said Curry.

 

“He does look a lot like me.” Heyes acknowledged, turning back to look at the face of the man at the table.  From the angle they were viewing him from, he had a similar profile to Heyes’, his hair, neatly combed, was a shade or two darker but of a similar length and style.  Jake had said that Mary’s attacker had a beard, whereas this man just had a moustache, but Heyes acknowledged that it was possible that he might change his appearance from bearded, to moustached, to clean shaven on a regular basis, in an attempt to disguise himself.

 

The man was smartly dressed, in a dark grey pinstriped suit and, as he picked up his cards, Heyes noticed a large gold ring on his little finger.  A black hat hung on the back of his chair.

 

Heyes stood staring at him, thinking about Mary and what he had done to her, and of what he himself had suffered at the hands of Jake Gardner because of him, and the feelings of anger and resentment that he’d worked hard to control these past few weeks came flooding back, causing his fists to clench, subconsciously, at his sides.

 

“What are we gonna do?” Curry’s voice broke into his thoughts,  “We can’t exactly go over there and arrest him.”

 

When Heyes didn’t reply, he turned to look at him, his stomach sinking when he saw the look in his partner’s eyes.

 

“Heyes…” he said quietly, his tone warning him not to act rashly.

 

Heyes gave him a smile that didn’t reach his eyes.

 

“I’m going to join that poker game.”

 

“How is that going to help…?” Curry began and then stopped as the penny dropped,  “You’re going to try and get him to accuse you of cheating…”

 

“Shouldn’t be hard.” said Heyes,  I’ve played most of those players before, they’re pushovers.

 

“But, Jake said he’s supposed to be really good at poker.  How are you gonna—“

 

“If I have to I can cheat for real.” Heyes cut him off.

 

“No, Heyes, it’s too dangerous.  If he’s as good at poker as you are then he’s probably at least as good a shot too. If he calls you out for cheatin’ there’s a good chance he’s gonna outdraw you.  If anyone’s gonna face him down, it should be me.”

 

“You aint as good a poker player as me.” Heyes reminded him, but Curry wasn’t listening.

 

“Look, Heyes, if you can get him to call you out, and if you can beat him to the draw, you kill him and our amnesty is dead, not to mention you’d go to jail, or worse--”  He broke off as Heyes unbuckled his gunbelt and handed it to him.

 

“Wha--?”  Curry’s face said he thought he’d lost his mind.

 

“I know what I’m doing, Kid, trust me… and watch my back.”

 

“But—“ Curry began but Heyes turned and pushed his way through the crowd to the poker table and sat in at the game.

 

Curry felt sick.  He had no idea what Heyes was planning to do, but he dutifully maneuvered himself into a position where he could watch Heyes’ back and keep a surreptitious eye on the proceedings.

 

The game went on, Curry watching intently from the sidelines.  If Heyes was cheating, he couldn’t spot it. Heyes had been right, he noted, about the other players not being very good, and soon the game was mostly about Heyes and their quarry. 

 

Time passed and the saloon started to empty until there were only about twenty people left, not including the poker players.

 

Heyes had won a significant amount of money, a lot of it from Smallwood, and Curry could tell from the other man’s demeanor that he was getting irritated.  Whatever was going to happen was going to happen soon.  Curry prepared himself, for what, he didn’t know.

 

When Heyes won the next hand, Smallwood slammed his cards down on the table and glared at him.

 

Heyes feigned surprise,  “Is there a problem?” he asked, innocuously.

 

“Yes, there’s a problem.  I believe you are cheating, sir.”

 

Heyes looked around at the other remaining players, who all tried to look as though they were somewhere else.

 

“Do any of you think I’m cheating?” he asked.

 

The other men all shook their heads, nervously.

 

“Seems they don’t agree with you.” said Heyes.

 

Smallwood’s dark eyes bored into his,  “I’ve been poker champion, in Louisiana, three years in a row. I know every trick in the book and I say you’re cheating.”

 

“I wasn’t cheating.” Heyes said, matter-of-factly.

 

“From my calculations, I reckon that at least $100 of those winnings was acquired by duplicitous play from you, so if you hand me back that amount, and leave the game, we’ll say no more about it.” He glared at Heyes.

 

Heyes shook his head, his eyes never wavering from Smallwood’s, “You want to get it back, play for it.”

 

Smallwood stood up and slowly unfastened the button on his coat, his intention plain.

 

“I’m unarmed.” said Heyes,  “You know, shooting an unarmed man could land you in jail.”

 

Smallwood couldn’t see below the table to see if he was telling the truth or not.

 

Heyes made a move to stand up to prove he was telling the truth, but did it in such a way as to make it look as if he might be about to draw some hidden weapon. Smallwood, suspicious, and believing he was lying about being unarmed, went for his gun, just as Heyes had hoped he would.

 

A shot rang out.

 

A look of shocked surprised came to Smallwood’s face as his gun flew out of his hand and blood began to ooze from his forearm.

 

Heyes stood up, “I told you I was unarmed.” he said, holding his hands out to the side to emphasise the lack of a gunbelt on his hip.

“Fortunately, I am.” said Curry, moving into view from a few feet to the side of the table where he’d been waiting for Smallwood to do just what Heyes had planned.

​

He met Heyes’ gaze across the table, and caught the brief flash of relief that passed  through his eyes, that Curry had shot Smallwood before he’d managed shoot and possibly kill him, before it was quickly replaced with an audacious look that said ‘See, I told you I knew what I was doing’.

 

“I think our friend here needs some medical assistance.”  Heyes nodded to Curry to take him out.

 

Circling the table, Curry took hold of Smallwood’s uninjured arm and, keeping his gun on him, led him towards the door, while Smallwood cradled his injured arm to his chest.

 

Heyes picked the money up off the poker table, and tipping his hat to the other players said, “If you don’t mind, gentlemen, I think I’ll call it a night.”

 

The other men were quick to indicate that they didn’t mind.  They just wanted him and his friend to be gone.

 

Heyes picked up Smallwood’s hat from off the back of his chair and examined it.  Sure enough, there was a hole in the side of it, just as Jake had said.

 

Taking the hat, he followed Curry and Smallwood outside.

 

“Well, Mr. Smallwood – that is your name I believe?” said Heyes, his tone outwardly polite, but Curry, who knew him so well, recognized the hint of barely concealed anger in his voice. 

 

“H-how do you know who I am? I’ve never seen you before…” stuttered Smallwood, his face bathed in sweat from the pain of the gunshot wound in his arm.

 

“Your reputation precedes you.” Heyes said now, his eyes glittering angrily, “A reputation for raping and beating innocent girls… “

 

“I—“ Smallwood began, but Heyes spoke over him.

 

“…Something that I was given the blame for.” Curry saw Heyes clench his fists as he spoke, obviously trying to keep his rising anger in check.

 

“But…”

 

“In case you hadn’t noticed, you and I are very similar looking. The brother of the girl you attacked thought I did it, and damn near killed me for it…  I’ve been looking for you ever since…”

 

“You have no proof… no witnesses…” blustered Smallwood.

 

Heyes took a deep breath, trying to calm his anger and remain rational,  “We have no proof, but I’m sure the girl you attacked will be only too willing to confirm it.” he said flatly.

 

“Her word against mine.  It wouldn’t stand up in court.”

 

“Oh, I don’t think it will get as far as the Courts.” growled Heyes.

 

“You can’t do this…” Smallwood protested.

 

“I think you’ll find we can.”  Heyes nodded to Curry to bring him to their horses.

 

Heyes took some rope and secured Smallwood’s hands behind his back.

 

“I need a doctor.” Smallwood protested.

 

“I don’t think a doctor is going to be able to help you.” said Heyes, dispassionately.

 

They got Smallwood onto Curry’s horse, and he climbed up behind him, keeping his gun on him, while Heyes mounted his own.

 

Curry had long since worked out what Heyes intended and dutifully followed him as he headed his horse out of town in a westerly direction.

 

 

 

Thirty minutes later, they arrived at Michael Gardner’s ranch.

​

It was well after eleven now, but Heyes was sure that Michael wouldn’t mind being disturbed when he discovered who they were bringing to him.

 

Slowly and warily they headed up to the ranch hoping they wouldn’t be shot as trespassers, but all remained quiet.

 

Heyes was thankful to see a lamp burning in a downstairs window.  It looked like someone, hopefully Michael, was still up.

 

As they approached, the front door opened and Michael Gardner appeared in the doorway, a rifle aimed in their direction.

 

“Who’s there?” he demanded.

 

“It’s just us, Smith and Jones.” said Heyes,  “I’m sorry to arrive so late, but we have a special delivery for you that just wouldn’t wait.”

 

“Oh?”  Michael stepped outside and peered at the third man, not able to see him clearly in the darkness.

 

“May we come in?” Heyes asked.

 

Michael nodded.

 

Heyes and Curry dismounted and pulled Smallwood off the horse, propelling him into the house and through to the same room they’d been in on their last visit.

 

Once in the light, Michael looked at Smallwood, then at Heyes, and back again as he took in the similarities in their looks.

 

“Is this…?”

 

“Mr. Smallwood.”  Heyes said simply.

 

“Are you sure?”

 

“Completely.  Even down to the hat he wore, with a hole in it.”  Heyes produced Smallwood’s black fedora that he’d brought with him from the saloon and held it up for Michael to see.

 

Michael took the hat and looked at it, thoughtfully.

 

“I’ll go and get Mary.” he said presently, turning and leaving the room.

 

“You won’t get away with this.” Smallwood blustered,  “It’s just her word against mine…  You said she thought you did it… There must be a hundred people locally who would fit the description…”

 

Before Heyes could respond, Michael came into the room with Mary, his arm protectively around her shoulders.

 

“Mary, I want you to look at this man and tell me if he was the one who hurt you.”

 

The three of them waited while Mary slowly raised her head to look at Smallwood.

 

After a moment, recognition lit in her eyes, and she clung to Michael in fear.

 

“Y-yes…  That’s him…”

 

“Are you certain?” asked Michael.

 

Mary nodded, “Yes.  It’s him.”

 

Curry let out the breath he hadn’t realized he was holding and looked across at Heyes, seeing the tension leave his body in a sigh of relief, his fists, which had been clenched tightly, relaxing with the knowledge that he had both cleared his name and secured justice for Mary.

 

“Mr. Smith, Mr. Jones, we’re very grateful to you.” said Michael.

 

“It was the least we could do.” Heyes said quietly.

 

“It’s a lie. I’ve never met this girl before.” Smallwood protested,  “She’s confused… There must be hundreds of people out there who have a similar description…  ”

 

“I’ll bid you goodnight, I don’t want to keep you from your beds.” Michael said now, his meaning clear.

 

Heyes and Curry headed for the door.  As they stepped outside, they heard Smallwood say, “This is outrageous… I demand to see a lawyer…”

 

“I think he’s going to need more than a lawyer.” commented Curry as they mounted their horses.

 

“Uh-huh.” Heyes agreed as they rode back down the path,  “A pine box would be more deserving.” he said bitterly.

 

They rode in silence for several minutes before Curry said, “I’ve got to admire your restraint, Heyes.  In your shoes, I’d have wanted to beat him to a pulp for what he did, to her and, indirectly, to you. Like Jake said, an eye for an eye?”

 

“It wasn’t easy, Kid, I have to admit.  I've dreamed about giving him a taste of his own medicine. Jake too.”

 

“So, why didn’t you?”

 

Heyes thought for a moment, “Because… If I had…  it would have made me no better than them.”

 

That was true, Curry had to acknowledge. 

 

“I wish you’d told me what you planned do, so I’d have been ready.” he said presently, in reference to Heyes’ actions in the saloon.

 

“There was no time.  It was a spur of the moment decision.” said Heyes, “Anyway, I knew you’d be ready.  You’re always ready.” He shot him a knowing glance.

 

Curry shook his head ruefully.  Sometimes Heyes had more faith in him than he did himself.

 

“What do you think they’ll do to him?” he asked presently.

 

“I don’t know… that’s for them to decide. Michael seems like an honourable man, so maybe they’ll just rough him up a little and then take him to jail…  It’s not our concern.  We delivered the real culprit, and I cleared my name.  That’s the end of it as far as I’m concerned.”

 

Curry eyed him, knowing that wasn’t the whole truth.  He knew Heyes had been deeply wounded, emotionally, by what had happened, and had come about as close to contemplating committing a murder, because of it, as Curry had ever seen. Only the realization of what committing that act would make him, along with the danger of it risking the loss not only of his, but also Curry’s, chance for amnesty, and of going to prison, or worse, had pulled him back from the brink.  Delivering the real culprit to the Gardners had served justice, and cleared his name, but was only a small step on the road he would have to travel to recover from the psychological effects of Jake’s attack on him and of being labelled as a rapist, even if falsely. But, in time, Curry knew he would put it behind him.

 

“Heyes?” He said, several minutes later.

 

“Hmm?

 

“Were you cheating?” referring to the poker game in the saloon.

 

It was several moments before Heyes said, “What do you think?” his gaze fixed ahead.

 

Curry studied his face, unable to read his expression.

 

“I don’t know.”  Curry had studied the game intently and hadn’t been able to tell.

 

“Neither did he.” said Heyes complacently.

 

Curry looked at him, still none the wiser.  Heyes would tell him, some time, when he was ready.  Until then, Curry was happy to let him enjoy keeping him in the dark.

 

They looked at each other and exchanged a smile, as they headed back towards town.

 

 

-oo00oo-

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