...Continued

Two weeks later, Doctor Merar was at the Barkley’s checking on Heath progress. He tested Heath’s leg for pain, mobility and strength and was certain the bone had suffered a good deal of damage. He was not to bear weight on it for a month.

“Then I’ll use a crutch.”

“That will be fine in the house son, but no stairs. You’ll need to have help getting up and down them.” Heath gave the smallest of shrugs. “I mean it Heath. You stay off that leg, and you forget about the stairs.” Even Doctor Merar found himself overprotective of the blond newcomer to the Barkley family. Doctor Merar answered the question Heath didn’t seem willing to ask. “Heath, You cannot ride. Not even in a wagon.” The doctors warning to Heath fell on deaf ears.”

“I’ll see to it Howard.” Victoria promised. Bentell was being taken to Walnut Grove to stand trial. Nick was well enough to travel and rode with Sheriff Madden to escort the prisoner and be there when he was needed to testify. “Heath, Jarrod will go in your place. You gave your testimony to Fred and he’ll be there too.” She reached out to lay a sympathetic hand on Heath’s cheek, but he turned away from her. He closed his eyes and waited until She and the doctor left. He opened his eyes when the door shut and was glad Jarrod had stayed.

“Jarrod, I need you to take me to the trial. I have to be there. You have to help me.” Heath’s plea was desperate and he was.

“Heath, I’ll be there, Nick will be there. He’ll hang. You don’t need to see that.”

“Yes I do.” Jarrod held his brother to the bed as he seemed prepared to head out at that very moment.

“Jarrod, you are not going in my place. There is nothing that will keep me from going. Let me go!”

“Heath, the doctor said you couldn’t go, not even in a wagon. You need a month off that leg. You‘re lucky it didn’t break clean through. ” He released Heath and watched him struggle to his feet. Jarrod stood his ground waiting for Heath to crumble. His leg was severely weakened and did not bear his weight long. Jarrod caught him the moment he faltered.

“This isn’t a game Heath. You have to give yourself time to heal.”

“Then help me Jarrod, take me there.”

Jarrod stumbled with Heath and barely got them to the bed where they both landed with a crash. Heath chuckled at their clumsiness. Jarrod sat up and pressed Heath into the bed. “You have to stay here.” Heath could see the panic behind Jarrod’s eyes.

“What do you think I’ll do? Kill him when we get there? That he’ll kill me?”

“Heath, this trial is going to be ugly; I don’t want you hurt again.”

“Jarrod it’ll be a lot easier to take in a courtroom than it was behind prison walls.”

“The doctor said you shouldn’t go.”

“I’m not asking the doctor.”

Jarrod realized he was pushing Heath away again. Why was this so hard? Why couldn’t he accept Heath’s clearly delivered plea. Because it would hurt Heath. It would hurt him, but the hurt of keeping it inside would surely destroy him.

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Nick left with the sheriff and deputy. He needed to see it through and make sure Bentell was behind bars in Walnut Grove. He was ready to shoot first if Bentell had any tricks up his sleeve. When they arrived, Nick did not expect the crowd that had gathered. Most were not there to testify but to watch the hanging. ‘Bentell would hang by law or by lynching,’ thought Nick.

Jarrod had to sneak Heath out of the house. The train ride to Galt took more out of Heath than either he or Jarrod expected. Heath coughed from the dust horse kicked up in the buggy on the way to Walnut Grove. The road was better than the one to the timber camp, but Heath had to fight hard to keep his pain hidden. He was afraid Jarrod might turn back if he knew what this trip was costing him. Heath hoped they would only be on the road one day, but ended up camping and resting because his leg was not taking the jostling very well. They arrived the day after the trial began. Nick met Jarrod in the hotel lobby as he was getting a room. “Good to see you brother, how’s Heath?”

Jarrod handed the clerk his bags to be taken up to the room. Follow me Nick and see for yourself.” Jarrod braced himself to be calm against the storm of Nick’s response.

“What do you mean see for myself? What were you thinking Jarrod? He wasn’t hurtin enough already? Jarrod, why did you bring him here?”

“Nick look, I didn’t want to bring him. It was no easy ride I assure you and I’m positive he’s a lot worse off for it. Nick, you’ve been carping on me to listen to him, so I did. I listened real well and he needs to be here. Think about it. Would you have brought him if he’d asked you?” Jarrod countered his brother’s remark defensively. He definitely had not wanted to bring Heath, but also realized part of accepting and loving someone was respecting them and their decisions. Now do you want to continue this conversation in front of Heath or will you help me get him to a soft bed.”

Not wanting Heath to the he didn’t respect him, Nick followed Jarrod out to the wagon. Though when they stepped outside and saw Heath trying to get out of the wagon and manage his crutches Nick was back on the shoot. “What in tarnation are you up to now? You can’t wait a minute for help; you want to fall flat on your face? I swear Heath I will strap you to a bed if you can’t find more brains than that!”

“Pull in your horns, Nick. I’m all played out and need something soft that ain’t movin to rest on.” Heath wasn’t any happier with the trip than his brothers, but it needed doing. With a brother under each arm, Heath made his way to a soft bed. He didn’t even complain when Nick went for the doctor. His leg was throbbing something fierce. He was asleep before Nick returned. The doctor had to wake Heath to examine him which only worsened his already foul mood. Everyone breathed easier after the doctor gave Heath laudanum to drink which he did with an unfamiliar gusto. Nick stayed with Heath while Jarrod went to talk to the prosecutor and let him know that Heath was available to testify.

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Earlier the same day, Victoria left Jarrod with Heath while she and Audra went to town to pick up the mail and wire Nick. They also picked up some books for Heath to read to keep him occupied. It was going on three weeks since the picnic and the trial had started in Walnut Grove. Heath had become more restless everyday as he got stronger and the trial date approached. She knew he was trying to prove he would be well enough to go, but Howard had warned that he was definitely not to make the trip. She hated having to keep him home when he begged to go, but she would not risk his health and privately did not want him to suffer the emotional fallout from being there.

It was not until dinner when they returned that Victoria realized all of her sons were gone. “Audra, why don’t you check on your brothers and I’ll ask Silas to bring up a tray for Heath and myself. You and Jarrod can share the table.”

Audra went up the stairs and into Heath’s room. She was puzzled by the rumpled covers and missing brothers. She walked down the hall to check Jarrod’s room and veranda as well as the bathroom. Puzzled she went down the back stairs to meet her mother. “Mother Heath and Jarrod are not here. I checked everywhere upstairs.”

Victoria realized she had been duped and that her oldest had a large hand it. Tears of anger, fear and sympathy burned her eyes as she realized where they had gone. “Audra, pack your things for a few days. We are going to the trial!”

Victoria and Audra had left Stockton on the early train and gotten horses in Galt. They arrived angry and sore the same evening Heath and Jarrod had arrived. The morning after the whole family was reunited in Walnut Grove, all three Barkley brothers sat with their mother and sister to witness the trial.

The survivor in Walnut Grove testified that Bentell had sent him alone to work on the flume assuring him that it would not be in use the whole day. He was working and next thing he knew, the flume shook knocking him into the center. He knew the logs were coming but he was continually knocked into the middle by the shaking of the flume. He tried out racing them but didn’t get far before the sound like a train barreling down on him filled all his awareness. Next thing he knew he was at the doctors and had been for almost two weeks before he was well enough waken fully. Heath tried to place him at Carterson, but couldn’t. This man although banged up, was clean and filled out with flesh and muscle. Heath looked around and only vaguely recognized men who may have been at Carterson. Most of the people looked outwardly healthy and were unrecognizable as the prisoners they had been. He realized he could tell many prisoners from others by the hatred that filled their otherwise empty eyes. They were all still prisoners there. They were still trapped by hate and revenge. Heath was determined to escape once and for all and felt this trial would take him that much closer to his goal. Jarrod had saved him from murder and now he was praying justice would save him from himself.

Next the timber camp owner in Walnut Grove told of the accidents that nearly claimed his employee’s life. Shortly after the accident Bentell said his job was done and the foreman could take over. In the courtroom Heath watched as one timber camp owner after another testified describing the deaths of the prisoners of war in their camps. Another inmate at Carterson died in Clearlake in the same fashion as was attempted on the man in Walnut Grove. The defense countered with witnesses testifying that those kinds of deaths occurred frequently as communication was limited by distance. His witnesses recounted numerous deaths in the past year that occurred at camps not operated by Bentell. These victims were not inmates. Each one of the accidents was ill-fated but there was no real proof of malicious intent or sabotage involved in the accidents. The defense questioned the courts motives in pursuing charges against his client and no other foremen. He accused the court of bias.

The defense and prosecution seemed to be sawing back and forth on the same log. Heath wondered which and where it would break. The prisoners were getting restless as they relied on the jury to see through to the truth of Will Harpers attempted murder as proof of Bentell’s viciousness.

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The next day, Heath got up on the stand and testified to abduction, beating and abandonment. He recounted Bentell’s admissions of guilt. Bentell’s lawyer cross examined and tried to paint a very different picture.

“Is it true when Mr. Bentell approached you on the road you acted as if you did not know him?”

“I didn’t know him.”

“If he was the monster you claim,” the man continued, “how can you expect us to believe that you did not know him. By your own testimony, you tried to kill him the night before. You story contradicts itself, how can you ask the jury to take your testimony seriously?”

“Because I am telling the truth.”

“I believe you lured him into an ambush arranged and carried out with the help of your brother Nicholas Barkley. You lured him to the camp, apologizing and offering him the job as supervisor. You drove him up to the camp, paid Baker and Conner to rough you up a bit and shoot you in the leg. Granted the injuries will garner the sympathy of the jury, but let’s put the more likely story together about the whole incident.

“I did not pay Baker and Conners to shoot me! Why would they do anything for me?”

“Are you kidding? Being paid to rough up a man they blamed for costing them their future. It makes more sense than a total stranger hiring them. If he were trying to kill you it seems he made sure not to inflict anything that was remotely fatal.”

“He left me alone in the woods, bound and gagged, too weak to signal even if I could? He wanted me to suffer.”

“That’s right he left you off the trail, bound gagged and weak with blood loss. How exactly did Nick know where to find to find you? In all of God’s green earth, without a trail, without knowing about this case, how did he find you?

“He heard me,” Heath said softly.

“I thought you were too weak to signal. Bound, gagged and bleeding!”

“I don’t know how he heard me, but he did. He found me. I left a note telling him where I was going.”

“Is this the note? It certainly kept everyone off your tail a while. Just how was anyone supposed to find you with that? I suggest your brother Nick tore it off and you met him on the road.”

“Maybe Baker and Conners tore it off.” Heath offered. Feeling confused by the accusations. He had not thought of this line of questioning. How could he explain how Nick found him? How do you explain God’s Grace.

“Your story is quite difficult to follow. Doesn’t it make more sense that you lured him to the cabin, but were interrupted by your own family, and when Jarrod left, your chance to exact vengeance was gone? Didn’t you beg for a gun in order to shoot him? Didn’t Nick attempt to strangle him after he was shot?”

“I’m telling you the truth.”

“Answer the Question.”

“Yes.”

“So you wanted to kill him?”

“Yes, but it’s not like you say. I was telling the truth.”

“I don’t believe you Mr. Barkley. You may step down.”

Court was adjourned for the day.

Heath returned defeated to the hotel. He wondered how such evil could maintain so much power over the truth. Was truth so fragile that it could be shattered so easily? Whose truth was real? His, Nicks, Bentells. There are all true to the believer. All of life was based on belief. Why was faith so often tested?

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The next day Bentell took the stand. Bentell was cross examined feigning innocence so well, because he truly believed he was. He was questioned and continued turning the tables on Heath, accusing him of lying under oath and of kidnapping him. Bentell began to tell of Heath’s crimes in his prison camp. He explained how Heath had always manipulated people’s sympathies. He was always treated special by the guards and fellow inmates. He told the jury that he was never executed for his attempted escape from the Prison Camp. He told the jury that Heath had taken food from his starving cell mate and watched him die.

Bentell was energized from his allegations against Heath, of cowardice and treason against his country and fellow man. Heath could take no more of the lies he feared would free a monster. Heath got up and started to leave. Bentell wasn’t finished with accusations. He yelled for Heath to stop and return to his cell. Heath kept walking.

“Thomson, get back here. The prisoner is escaping. Guards grab him, take him to the post.” The guards block Heath’s exit. Jarrod orders them to let him pass.

“Order in the court! Deputy, let the man pass. Counselor, get your client under control. Everyone else sit down.” Judge orders silence in the court. The deputy helped Heath stand, and escorted him with Nick out of the courtroom.

“Don’t go too far, Thomson, I’m not through with you.” Bentell said, leaving the stand. “You will not escape again.”

Bentell’s lawyer grabbed him and forced him to be quiet. “Get a hold of yourself. The jury can’t convict you on circumstantial evidence unless you come off like some crazy vengeful executioner.

Other prisoners rose from their seats.

“Order in the court!” The judge’s gavel slammed onto its block.

“Get back to your cells or I’ll have you whipped and cut your rations again.”

“Counselor, control your client!” The lawyer shrugged and shook his head.

“The truth is I should have made sure he died in Carterson. Everyone helped the poor little bastard. They gave HIM their respect instead of me. Now he’s got the mighty Barkleys. What worth could that boy be? He’s a bastard and a liar, and a coward who escaped to live in shame rather than die in war. He should be strung up not me. It’s the law. You must punish escape with death or others will try. I’ll see to it no one will ever dare try to escape again. Don’t you know escape is impossible? That’s why they come to me asking for work. They’re really asking for death, for peace, escape. Why else would they come to me? They all came to me. I gave them what they wanted. What the law dictated. They couldn’t stand running from it any longer

Bentell was found guilty beyond a reasonable doubt. He was sentenced to hang. The townspeople mixed with the men that survived Bentell’s camp. There formed a great crowd to witness one man’s death. The Barkleys counted their blessings that Heath had survived without the disfigurement some of the others bore. Bentell claimed innocence until the trap door opened under his feet. Heath sees life drain out of the body as it becomes still. He felt a great weight lift. The crowd dispersed quickly after the survivors insured Bentell was truly dead. Afterward, the survivors went quickly back into the world that did not understand them.

Heath could let some memories rest now. In addition, he had a lifetime of new ones to create. He had a found family, a brother, and a chance to be himself again. Evil had turned in on itself and trapped Bentell in the prison of his own making. A prison he did not escape. Heath had help from the outside and knew he would be closer to freedom with each passing day. Bentell had given in to the madness of hate and tried to eliminate all survivors in order to kill his own beast.



EPILOGUE


“Come on; let’s get you in the wagon.”

“I ain’t getting in the wagon.”

“Well, you ain’t takin up all the space in my saddle either.”

“I intend to ride out of here like a man.”

“Well you’ll be mistaken for an ass.”

“How’d you?”

“You think I don’t hear ya when you’re screaming at night?

“Sorry Nick.”

“Don’t be. I’ve met a lot of your friends that way.”

“That’s a might sorry isn’t it? All my friends being ghosts.”

“That fella Sly sure knew how to keep your brains from fallin out your ears.”

“He took care of me.”

“I know he did, and it’s a big job, so I intend to use his help.”

“He’s dead.”

“He ain’t dead Heath, or I wouldn’t know him. He’s just been roamin' the halls upstairs.” Nick knocked on Heath’s head.

Heath’s defenses were up, trying to push back the memories that hurt him so much.

“Leave him in peace.”

“Leave him in peace, Ha. He ain’t been peaceful since the day you locked him in there.” Again he knocked on Heath’s head, harder this time.”

“Cut that out Nick.”

“Sly, so is that the name his mother gave him when she saw him for the first time.”

Heath snorted. “His name was Sylvester.”

“His mama musta thought he wouldn’t give her much trouble with a name like that. I sure wouldn’t want Mother calling after me with that name.”

Heath’s face softened for a brief moment. “She never got to see him again; they threw him in the hole with the others. Probably better that way. He starved to death.”

“I’m not surprised with all the food he gave you.”

Tears welled up in his eyes. Heath repeatedly took deep breaths trying to fuel his racing heart. Nick led him to the wagon, got him settled, and settled in next to him. Nick could see the anger, guilt, grief, horror, and shame swirling in his wet eyes.

“He gave it to me. He said I’d grow crooked if I didn’t eat it.” Heath whispered shamefully.

“Well, I’d say that he just about gave you all you needed then. Only thing that grew in crooked was your smile. Nick heard his family’s quiet laughter as one corner of Heath’s lips twitched. “He took good care of you.”

“He died. I. . .”

“Heath, you didn’t do anything but let him love you. You would do the same if you had been grown and the guards threw a young kid in there with you. Sly took care of you because you loved him back. That’s why you made it out Heath.”

“He didn’t make it.”

Yes, he did Heath. He’s in those empty halls you got leading nowhere up there.” This time Nick placed a hand gently on his younger brother’s head. “Put him back in here where he’s more at home and not so lonely.” Nick takes Heath’s hand and places both of theirs over his heart.

The family traveled slowly home and listened as Heath told Nick about the man who gave his life to help a scared and lonely boy become strong enough to leave the prison at Carterson alive. There would be many others to travel that road and the family helped them fill Heath’s heart, as well as their own.


THE END


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